While New Jersey's constitution explicitly allows the recall of federal officials, Menendez, is arguing that such a move violates that U.S. Constitution, which doesn't address recalls.
"Mainstream New Jerseyans believe deeply in the U.S. Constitution that for more than 200 years has made ours the greatest form of government in world history," a spokesman for Menendez said in a statement. "This attack on the Constitution undermines our uniquely American system of democracy and will be contested."
The recall movement is being spearheaded by an assortment of Tea Party groups in New Jersey. A lower court ruled last month that the effort could move forward, but that ruling was stayed to give Menendez time to appeal.
Organizers would have to gather about 1.3 million signatures just to put the recall question on the ballot.
The chairman of the Demcoratic Senatorial Campaign Committee (DSCC), Menendez was appointed by then-Gov. Jon Corzine (D) in 2005 to fill the seat Corzine vacated when he became Governor. Menendez was elected to a full term the following year, and is up for re-eleciton in 2012.