Menendez Wants Judge To Hear Tea Party Recall Effort

06/06/2010 05:12 am ET | Updated May 25, 2011

TRENTON, N.J. — A U.S. senator from New Jersey has asked the state's highest court to hear the case of a Tea Party group's efforts to recall him.

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 court ruled last month that the activists have the right to try to throw the Democrat out of office. The court stopped the group from moving ahead because of the likelihood of an appeal.

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