The New Jersey Attorney General’s office is no longer seeking to legally stop a Tea Party-backed effort to recall Democratic Sen. Bob Menendez — a move that the Tea Partiers are taking as an endorsement of their views.
Back in March, an appeals court declined to block efforts by a group called Recall NJ to gather signatures to recall Menendez, but simultaneously stayed its own ruling pending appeal by Menendez and/or the state, both of which had argued that a recall was unconstitutional. (The group needed certification from the Secretary of State in order to even begin gathering signatures.) The court did not specifically rule on the constitutional of a federal recall, but instead said that this issue would not have to be tested at all if the group could not gather the required 1.3 million signatures statewide — which is nearly as many people as voted for John McCain in New Jersey in 2008.
State Attorney General Paula T. Dow, a Democrat appointed by Republican Gov. Chris Christie, noted that position in a letter to the state Supreme Court late last week. “While the State’s position on federal constitutionality remains the same, as articulated in the brief filed below,” Dow writes, “it is mindful that the Appellate Division correctly pointed out that a condition precedent to any recall election – obtaining the signatures of approximately 1.3 million registered voters within 320 days – may never come to pass.” Dow later added: “The State will not seek to overturn this exercise of judicial prudence and restraint.”
Keep in mind, there is a basically universal consensus that recalls of federal officeholders are not permitted under the federal constitution. That is, the United States Constitution establishes a Senator’s term as six years, absent death, resignation or expulsion, and states cannot alter those conditions. The only lingering legal question exists because no court has ever actually had to issue a definitive ruling on the subject, as no recall effort was able to sufficiently get off the ground.
Recall organizers notified the Examiner of the letter from the state attorney general. The Examiner reported that organizer’s interpret the state’s move as an endorsement: “By sending this letter on April 22, the deadline for response briefs, the Attorney General’s office has effectively signaled that it will not appeal or petition for certification, and that it does not support Menendez’ own petition on the grounds that the Appellate Division acted with judicial restraint, and acted properly.”
Late Update: Menendez spokesman Afshin Mohamadi gives us this comment: “I can’t speak to the thought process of the State Attorney General’s office, which had argued strongly against the recall group in court. I can say, however, that those Republican Party leaders in New Jersey who have officially endorsed the Tea Party effort are going to pretty extreme lengths to protect the special interests that are comfortable with the status quo. They see Senator Menendez as an effective leader who is working to bring accountability to Wall Street, to implement common sense in the health insurance system and to break the grip oil companies have on our family budgets. To keep these special interests comfortable, they are joining with a Tea Party group that has claimed President Obama was a member of a communist party, that runs one of the most notoriously right-wing websites and that is challenging the U.S. Constitution.”
