Home -> Law Blog Directory -> Legal Commentary Blogs -> The Volokh Conspiracy
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Legal Commentary
: The Volokh ConspiracyNew Jersey Appellate Court Allows Continued Signature Gathering for Recall of U.S. Senator Robert Menendez
By Eugene Volokh
Here?s the opinion. To my surprise, the court concluded that it?s uncertain whether the recall would be constitutional. (My view is that a mandatory recall would clearly be unconstitutional, since the Constitution expressly states that Senators serve for six years; and while I suggested that an advisory recall might be fine ? though it probably wouldn?t be ? the court didn?t adopt that approach.)
I?m on the run right now, so I can?t talk further for a while, but here?s the court?s summary of its conclusion:
To summarize, we neither declare the recall provision in our State Constitution as applied to a United States Senator definitively valid or invalid. There is, and there will be, no necessity for our courts to resolve this difficult constitutional issue if the Committee?s petition drive fails to collect the necessary, approximately, 1,300,000 signatures. Pending that possible eventuality, we see no urgent reason to now decide the question of invalidity or validity with finality. All we need to decide, as we have done, is whether there is a sufficient basis for the Committee to proceed with its initiative and for the Secretary of State to perform her ministerial function [i.e., accepting the petition, which would allow signature gathering to proceed ?EV]. To go beyond that limited holding and ?embrace unnecessary constitutional questions? would depart from the ?older, wiser counsel? of judicial restraint.
So the recall may yet be found unconstitutional, after the signatures are gathered. But until then, the recall will be going, and will presumably be a continuing news event in New Jersey ? not something that Senator Menendez is likely to find pleasant, I think. More later, I hope.
Copyright © 2010
This feed is for personal, non-commercial use only.
The use of this feed on other websites breaches copyright. If this content is not in your news reader, it makes the page you are viewing an infringement of the copyright. (Digital Fingerprint:
)
Full post as published by The Volokh Conspiracy on March 16, 2010 (boomark / email).
Bausch Lomb Renu Moistureloc Linked to Eye Infection Fusarium Keratiti
Contact Lens Solution Product Recall
Bausch Lomb Renu Moistureloc Recall
Contact Lens Solution Product Recall
Selection of State Supreme Court Judges
How State Court Judges are Selected
Law Enforcement and Criminal Justice Career Choices
Descriptions of law enforcement occupations
Pet Food Recall and Deaths
Dogs and Cats Sickened by Tainted Menu Food Products
Mattel and Fisher-Price Toy Recall
Magnets and Lead Paint manufactured in China Create Poisoning and Health Hazard
New Jersey Employment Law
alleged violations of New Jersey state labor laws including overtime pay, discrimination and harassment.
Robert Fresh Markets Win $21.6 Million Insurance Lawsuit
Robert Fresh Groceries Wins $21.6 Million Katrina Insurance Lawsuit
No Signature Required
Wachovia to pay up to $125 million settlement in check cashing lawsuit.
$31 Million Verdict
Against Camden New Jersey
Ebay Fined
French Court Sets Fine at $61 Million
Personal Injury
Appeals Court Upholds Congressional Legislation

BIG NEWS FROM NEW JERSEY: New Jersey Appellate Court Allows Continued Signature Gathering for Recal
NJ: An Advisory Recall of U.S. Senators
NJ court OKs tea party group's bid to oust senator
NEW JERSEY: Menendez NJ Recall Update: The Tea Party Goes to Court.
I DONT THINK THE RACE CARD IS TRUMPS ANYMORE: Menendez, NJ Dems Call Tea Party Movement Racist.









