[cnn-photo-caption image= http://i2.cdn.turner.com/cnn/2010/images/05/25/art.menendez0525.gi.jpg caption =" Tea party activists and conservatives are hoping to oust New Jersey Sen. Robert Menendez from office."]Washington (CNN) - On Tuesday, the Supreme Court of New Jersey heard a case brought by Tea party activists and conservatives hoping to oust New Jersey Sen. Robert Menendez from his job.
The state's highest court heard arguments from the New Jersey Tea Party Patriots, and other conservative groups, on whether or not voters can recall the Democratic senator, who has two years left in his term. Among those participating in the case is Richard Luzzi, President of the Morristown Tea Party and a Republican candidate for Congress.
The activists cite Menendez's votes for the recently passed health care law, and his support of government spending, as reasons to recall him.
"By recalling Senator Menendez we are saying No to insane spending that has brought our state and our nation to the brink of bankruptcy," a website for Recall NJ states.
Their arguments must clear a big hurdle: do voters in a state have the right to recall a federal elected official?
While New Jersey has a state law allowing for the recall of federal office holders, the U.S. Constitution does not.
The New Jersey Tea Party activists argue their efforts are legal, claiming that the Constitution does not prohibit New Jersey's recall law.
But lawyers for Menendez believe the suit won't pass Constitutional muster. They cite the U.S. Constitution's requirement that a senator serve six years in office.
Menendez's office is also blasting the key Tea Party group fueling the lawsuit.
"This organization rejoices in candidates who call it 'un-American' to hold major foreign corporations accountable for damage they cause and who believe discrimination by private businesses should be legal," Menendez Communications Director Afshin Mohamadi said in a statement to CNN.
"They are opposing the U.S. Constitution in court and they are opposing the values of mainstream New Jersey families in the court of public opinion," he added.