The New Jersey Supreme Court today released its opinion which rejects the recall effort of U.S. Senator Bob Menendez, a Democrat.  Having heard arguments from the attorneys on May 25, 2010, the opinion states that the recall effort is unconstitutional.  The full effect of the Court's opinion not only derailed the effort to recall U.S. Senator Bob Menendez, but also rendered a portion of New Jersey's Uniform Recall Election Law (UREL) to be unconstitutional.

The New Jersey Supreme Court's opinion based its ruling on the Supremacy Clause of the United States Constitution as well as historical evidence from the Constitutional Convention.  The Supremacy Clause of the United States Constitution, Article VI, Clause 2, states that when federal and state laws are in conflict, federal law trumps state law.  The Recall Committee based its efforts on New Jersey's UREL and the New Jersey State Constitution. 

The Court reasoned that because the U.S. Constitution does not provide for the recall of U.S. Senators, New Jersey's UREL is invalid as to the provisions permitting the recall of U.S. Senators.  Therefore, the effect of this ruling has a much broader effect than simply derailing the recall of U.S. Senator Bob Menendez.  However, today's opinion does not effect the recall of state elected officials including the governor and state legislators.

In analyzing the U.S. Constitution's lack of an explicit prohibition of the recall of U.S. Senators, the New Jersey Supreme Court also relied upon historical data citing the debate at the Constitutional Convention included a discussion on recall.  The Court stated the participants at the Convention rejected the right of recall of U.S. elected office holders. To view the entire opinion go to /http://www.judiciary.state.nj.us/opinions/supreme/A86Menendez.pdf.

Meanwhile, according to PolitickerNJ.com, Senator Menendez's spokesperson declared the ruling to be a victory against the Tea Party's special interests and corporate backers.  The Tea Party is responsible for spearheading the recall effort basing its reasoning on Senator Menendez's votes in favor of President Obama's initiatives including health care reform.  Read http://www.politickernj.com/43023/high-court-rules-against-menendez-recall-effort to find out more about Senator Menendez's response to the ruling.