05/25/2010 02:45 pm ET Updated May 25, 2011

NJ Supreme Court Hears Tea Party Case For Recall Of Senator Menendez

TRENTON, N.J. - New Jersey's Supreme Court on Tuesday will consider whether voters have the right to recall U.S. Sen. Robert Menendez.

A tea party group wants to remove the Democrat from office, two years before his term ends. They say Menendez has wronged the state by voting for health insurance reform and supporting government spending.

If the group prevails, it will need to collect 1.3 million signatures to get the question on the November ballot.

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

It's not clear when the high court may rule on the matter.