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The circumstances of the law do not permit a declaratory judgment unless there is already an active case, and in general one is not permitted to sue one's own self, just to make a point.

So there has to be a case. The Schwartz case is going nowhere, because as a voter Schwartz has too diluted an injury. He won't be found to have standing.

If Trump was serious, and really wanted to do this, he could go after the election commissions on a state by state basis and sue them to get Cruz knocked off the ballot. Once Cruz is on all the ballots, and the voting happens, and Congress certifies the results, you're not going to find SCOTUS willing to step into that and overturn the act of the people at large.

But the real kicker is this. Say you get a live case, someone with standing, and SCOTUS decides to hear it. Even if the court were stacked with nine conservatives and original intent and sound historical analysis were used to decide the question, there is almost zero probability the court would find him unqualified. But modern jurisprudence, especially the recent Nguyen case (2001), is breaking in favor of a simple two-category sense, where naturalization can only happen after birth, not at birth, with the default result that anyone not naturalized will be consider natural born.

Now I know a lot of folks here might not like that answer, but I didn't create this reality. I just live here. From Cruz's point of view, there is no realistic way he would lose such a challenge, and I think he is right.

Peace,