Legal Opinion
Committee to Recall Menendez v. Wells
Supreme Court of New Jersey
Decided November 18, 2010No. A-86 September Term 2009PublishedCited by 55 opinions
1Opinion of the CourtChief Justice Rabner
This case involves an attempt to recall a United States Senator under a state statute. A committee of voters seeking to recall U.S. Senator Robert Menendez submitted a notice of intention to New Jersey’s Secretary of State. That act triggers the recall process outlined in the Uniform Recall Election Law (UREL), N.J.S.A. 19:27A-1 to -18, which implements article I, paragraph 2 of the State Constitution.
The Secretary of State, after consulting with the Attorney General, refused to accept the notice, asserting that state recall of a U.S. Senator would violate the Federal Constitution. The…
2Cases cited73 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Reynolds v. SimsSupreme Court of the United States · 1964
- Powell v. McCormackSupreme Court of the United States · 1969
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3Cited by55 opinions
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- In re Plan for the Abolition of the Council on Affordable HousingSupreme Court of New Jersey · 2013
- Garden State Equality v. DowSupreme Court of New Jersey · 2013
- N.J. Div. of Child Prot. & Permanency v. R.L.M. (In re R.A.J.)Supreme Court of New Jersey · 2018
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