US senator from NJ appeals recall ruling

TRENTON, N.J. - April 6, 2010

Lawyers for Sen. Robert Menendez filed appeal papers Monday.

State Supreme Court spokeswoman Winnie Comfort says there is no time frame for the justices to decide whether to hear the case.

A state appeals court ruled last month that the activists have the right to try to throw the Democrat out of office. Because the court believed Menendez would appeal, it stayed the group from moving ahead until the appeal is heard.

The case pits the New Jersey constitution, which allows recalls, against the U.S. Constitution, which does not.

The Tea Party group targeted Menendez because he supports health care reform and because of past votes favoring government spending.

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