I don’t know if the story is true or not, but even if it’s false, there probably is no case to make in court: Cruz would have to prove that (1) the Enquirer knew the story was false and that (2) Cruz himself does not have access to media to address the false claims made against him. IOW there is no case - the politicians calling for Cruz to sue surely know that.
I don’t think the NE ever came out and said if the claims were true or not. All the NE did was write stuff like “...there are reports that Cruz may have had several affairs...”
“...sources say that...”
It’s not like it was an investigative report. More like Harriet and Gertrude talking about the gossip they overheard on the party line.
“Well - that’s what I heard Shirley say - and she lives just two doors down from him!”