Correct, and we have a 1967 state court decision from Idaho confirming that when the citizens tried to recall Frank Church.
But this case is about gathering petitions, which is constitutional. Even the ACLU, of all people, agrees on this.
This case is about the 1st Amendment. If there are enough petitions to trigger a recall election under the New Jersey Constitution, then the constitutionality of a senatorial recall can be litigated. At that point, the recall will be ruled unconstitutional. But that's not the issue here.
My point here is that, however well regarded, this is a wasted effort for obvious reasons. If they want to truly get something accomplished, why not push for a Constitutional Amendment to do just that ?
The Idaho case might have been scheme by Church himself. A Church supporter was behind the drive and didn’t pursue the matter to a higher court after the state court decision. The important thing is to push it all the way to the supreme court.
Publius,
Maybe you, or someone else can comment on a notion that
just came into my head:
Could there be any basis to request an injunction against these congress-critters? I wonder if, at this late hour some way could be found to keep them out of Washington during the health railroading.
I know it seems absurd, and it arises out of a sense desperation more than hope.