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Tea Party Activists Want to Recall Menendez

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Tea Party activists in New Jersey will find out today if they can to try to recall Senator Robert Menendez. The Senator has been targeted for his support of health care reform and his voting record that favors government spending.

A lawyer for the conservative activists asked a State Appeals Court to wait on making a ruling until after they collect 1.3 million signatures needed to put the recall question on the ballot. Menendez lawyer Marc Elias argued the petition drive should be halted because voters don't not have the right to recall a federal lawmaker under the U.S. Constitution.

Menendez will be up for reelection in 2012.