Do you have a citation to what you call the “John McCain case?”
The Bottom Line: We Don't Really Know If Cruz Is Eligible to Be President
Yes, this may be one of those instances where Donald Trump is right. While more legal scholars seem to think the court would find Cruz eligible, we can't say for sure because the Supreme Court hasn't taken up the issue. As PolitiFact notes, lawsuits filed in 2008 contesting John McCain's eligibility didn't go anywhere. "We know from the McCain lawsuits, courts don't want to touch this," said Sarah Duggin, a Catholic University law professor who has studied the issue extensively. "It very well may be that the courts would refuse to go near this. There are so many issues."