"A New Jersey state appellate court yesterday gave the green light for approval of the circulation of petitions in that state asking for a recall election to remove Democrat U.S. Senator Robert Menendez. State law in 9 states counting New Jersey specifically provides for the recall of members of Congress, just as former California Governor Gray Davis was recalled and replaced with Governor Arnold Schwarzenegger in a recall election in 2003. Those 9 states are represented by 12 incumbent Democratic Senators who are not otherwise up for reelection this year, potentially putting majority control of the Senate even more in play.
The New Jersey Secretary of State originally refused to approve the circulation of recall petitions when the request for such approval was filed by the Committee to Recall Robert Menendez last September, arguing that such recall was not authorized under the U.S. Constitution. The Committee sued for a court order compelling the Secretary to grant such approval in accordance with the New Jersey state constitution and Uniform Recall Election Law. The Committee seeks to recall Menendez because he voted for an unconstitutional government takeover of health care, and for record shattering federal deficits and debt. I filed an amicus curiae brief in the case on behalf of the American Civil Rights Union (ACRU) supporting the recall effort (the brief and the opinion can be found at www.RecallCongressNow.org)."
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