A Tea Party group is acknowledging that it has little chance of success in ousting a U.S. senator from New Jersey.
But lawyers for the conservative activists argued in a state court Tuesday for the opportunity to have voters recall Democratic Sen. Robert Menendez.
Lawyer Daniel Silberstein says the group should be allowed to collect the 1.3 million voter signatures it would need to get a recall on the ballot.
New Jersey is one of 18 states that allows voters to recall statewide elected officials. There is no right to recall congressmen or senators under the U.S. Constitution.
Menendez lawyer Marc Elias argued that federal law supersedes the state.
“Tea party” coalitions have formed around the country to speak out against President Barack Obama and the Democratic-controlled Congress.