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In a ringing dissent, Justices Roberto Rivera-Soto and Helen E. Hoens pointed out that the power of recall was an inherent power of the people (and reserved ''to'' the people by the Ninth and Tenth Amendments to the US Constitution), that it predated the Constitution and even English settlement of North America, that their colleagues had misapplied the relevant federal precedents, and that their colleagues had, finally, discarded years of New Jersey Supreme Court precedent aimed at protecting the rights of the people, including the franchise.{{cquote|Today is indeed a sad and dark day in the history of this Court. We cannot, and we will not, join in the unconstitutional disenfranchisement of New Jersey’s citizens. We, therefore, dissent.}}
In a ringing dissent, Justices Roberto Rivera-Soto and Helen E. Hoens pointed out that the power of recall was an inherent power of the people (and reserved ''to'' the people by the Ninth and Tenth Amendments to the US Constitution), that it predated the Constitution and even English settlement of North America, that their colleagues had misapplied the relevant federal precedents, and that their colleagues had, finally, discarded years of New Jersey Supreme Court precedent aimed at protecting the rights of the people, including the franchise.{{cquote|Today is indeed a sad and dark day in the history of this Court. We cannot, and we will not, join in the unconstitutional disenfranchisement of New Jersey’s citizens. We, therefore, dissent.}}
At the time of posting, [[Andrew L. Schlafly]], lead counsel to the recall committee, is planning to file his own writ of ''certiorari'' to the United States Supreme Court.
At the time of posting, [[Andrew Schlafly]], lead counsel to the recall committee, is planning to file his own writ of ''certiorari'' to the United States Supreme Court.
Senator Menendez will in any event next face re-election in 2012, since he belongs to Senate Class I. If he is defeated in that election, the case will then become moot.
Senator Menendez will in any event next face re-election in 2012, since he belongs to Senate Class I. If he is defeated in that election, the case will then become moot.