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NJ court agrees to hear US senator recall case

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April 28, 2010 01:16 PM EST | AP


TRENTON, N.J. — New Jersey's highest court has agreed to hear the case of a tea party group seeking to recall one of the state's U.S. senators.

Lawyers for Sen. Robert Menendez petitioned the high court to take the case.

A state appeals court ruled last month that the activists have the right to try to throw the Democrat out of office. But the court barred the group from collecting signatures on a recall petition until the appeal is decided.

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

The tea party group targeted Menendez because he supports health care reform and because of his votes favoring government spending.

Arguments are scheduled for May 25.

Menendez is up for re-election in 2012.