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'''Robert "Bob" Menendez''' (born January 1, 1954) is the senior [[United States]] [[Senator]] from [[New Jersey]] and a member of the [[Democratic Party]]. After being appointed to fill the vacant Senate seat left by [[Governor]] [[Jon Corzine]], Menendez was elected to a term in his own right with 53% of the vote in 2006. He has voted with his Democrat colleagues 97.2% of the time.<ref>[http://projects.washingtonpost.com/congress/members/m000639/ Source: ''The Washington Post'']</ref> Menendez was chairman of the [[Democratic Senatorial Campaign Committee]] from 2009-2011, during which Democrats lost a net of six Senate seats.

'''Robert "Bob" Menendez''' (born January 1, 1954) is the senior [[United States]] [[Senator]] from [[New Jersey]] and a member of the [[Democratic Party]]. After being appointed to fill the vacant Senate seat left by [[Governor]] [[Jon Corzine]], Menendez was elected to a term in his own right with 53% of the vote in 2006. He has voted with his Democrat colleagues 97.2% of the time.<ref>[http://projects.washingtonpost.com/congress/members/m000639/ Source: ''The Washington Post'']</ref> Menendez was chairman of the [[Democratic Senatorial Campaign Committee]] from 2009–2011, during which Democrats lost a net of six Senate seats.

Previously he served as [[Mayor]] of Union City, New Jersey, and then as a U.S. Representative for New Jersey's 13th congressional district.

Previously he served as [[Mayor]] of Union City, New Jersey, and then as a U.S. Representative for New Jersey's 13th congressional district.

Menendez appealed the decision on April 4, 2010.<ref name=sconjpetition>Hurlbut T, "[http://www.examiner.com/essex-county-elections-2010-in-newark/menendez-appeals-recall-decision-to-nj-supreme-court Menendez appeals recall decision to NJ Supreme Court]," <http://www.examiner.com/Newark>, 5 April 2010</ref> The Supreme Court of New Jersey accepted the "petition for certification" and asked for briefs on an accelerated briefing schedule.<ref name=briefsked>Hurlbut T, "[http://www.examiner.com/essex-county-elections-2010-in-newark/nj-supremes-accelerate-briefing-sked-on-menendez-recall NJ Supremes accelerate briefing sked on Menendez recall]," <http://www.examiner.com/Newark>, 8 April 2010</ref> The case went to oral argument on May 25<ref name=oralsupreme>Hurlbut T, "[http://www.examiner.com/essex-county-elections-2010-in-newark/oral-arguments-conclude-menendez-recall-case Oral arguments conclude in Menendez recall case]," <http://www.examiner.com/Newark>, 26 May 2010</ref>&mdash;before only six Justices and an empty chair. (Christie has earlier refused to reappoint Associate Justice [[John E. Wallace]] to a tenured position on the Court, and the New Jersey Senate, taking exception to Christie's non-reappointment of a sitting Justice who did not stand accused of moral turpitude, refused to hold hearings on the confirmation of a permanent successor to Wallace, and continues so to refuse to this day.)

Menendez appealed the decision on April 4, 2010.<ref name=sconjpetition>Hurlbut T, "[http://www.examiner.com/essex-county-elections-2010-in-newark/menendez-appeals-recall-decision-to-nj-supreme-court Menendez appeals recall decision to NJ Supreme Court]," <http://www.examiner.com/Newark>, 5 April 2010</ref> The Supreme Court of New Jersey accepted the "petition for certification" and asked for briefs on an accelerated briefing schedule.<ref name=briefsked>Hurlbut T, "[http://www.examiner.com/essex-county-elections-2010-in-newark/nj-supremes-accelerate-briefing-sked-on-menendez-recall NJ Supremes accelerate briefing sked on Menendez recall]," <http://www.examiner.com/Newark>, 8 April 2010</ref> The case went to oral argument on May 25<ref name=oralsupreme>Hurlbut T, "[http://www.examiner.com/essex-county-elections-2010-in-newark/oral-arguments-conclude-menendez-recall-case Oral arguments conclude in Menendez recall case]," <http://www.examiner.com/Newark>, 26 May 2010</ref>&mdash;before only six Justices and an empty chair. (Christie has earlier refused to reappoint Associate Justice [[John E. Wallace]] to a tenured position on the Court, and the New Jersey Senate, taking exception to Christie's non-reappointment of a sitting Justice who did not stand accused of moral turpitude, refused to hold hearings on the confirmation of a permanent successor to Wallace, and continues so to refuse to this day.)

On November 18, 2010, the Supreme Court held, 4-2, that a United States Senator was ''not'' subject to recall.<ref name=reversed>Hurlbut T, "[http://www.examiner.com/essex-county-elections-2010-in-newark/nj-supremes-declare-recall-unconstitutional NJ Supremes declare recall unconstitutional]," <http://www.examiner.com/Newark>, 18 Nov 2010.</ref> The arguments that the Court used are difficult to follow, and amount to an assertion that the US Constitution's silence on recall, after the [[Articles of Confederation]] had made recall an explicit right, constituted a denial of the right of recall. Justices [[Roberto A. Rivera-Soto]] and [[Helen E. Hoens]] stingingly dissented, saying that "a dark day" had fallen on the Court after it had, in essence, declared part of New Jersey's own Constitution unconstitutional.

On November 18, 2010, the Supreme Court held, 4–2, that a United States Senator was ''not'' subject to recall.<ref name=reversed>Hurlbut T, "[http://www.examiner.com/essex-county-elections-2010-in-newark/nj-supremes-declare-recall-unconstitutional NJ Supremes declare recall unconstitutional]," <http://www.examiner.com/Newark>, 18 Nov 2010.</ref> The arguments that the Court used are difficult to follow, and amount to an assertion that the US Constitution's silence on recall, after the [[Articles of Confederation]] had made recall an explicit right, constituted a denial of the right of recall. Justices [[Roberto A. Rivera-Soto]] and [[Helen E. Hoens]] stingingly dissented, saying that "a dark day" had fallen on the Court after it had, in essence, declared part of New Jersey's own Constitution unconstitutional.

The Recall Committee and its lead counsel ([[User:Aschlafly|Andrew L. Schlafly]]) have now announced their intention to petition for ''certiorari'' to the [[United States Supreme Court]].<ref name=scotus>Hurlbut T, "[http://www.examiner.com/essex-county-elections-2010-in-newark/menendez-recall-committee-will-petition-us-supremes Menendez recall committee will petition US Supremes]," <http://www.examiner.com/Newark>, 28 Dec 2010.</ref>

The Recall Committee and its lead counsel ([[User:Aschlafly|Andrew L. Schlafly]]) have now announced their intention to petition for ''certiorari'' to the [[United States Supreme Court]].<ref name=scotus>Hurlbut T, "[http://www.examiner.com/essex-county-elections-2010-in-newark/menendez-recall-committee-will-petition-us-supremes Menendez recall committee will petition US Supremes]," <http://www.examiner.com/Newark>, 28 Dec 2010.</ref>