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'Natural born citizen' issue requires Ted Cruz's recusal in vote on SCOTUS nominee, op-ed says
ABA Journal ^ | 2/18/2016 | Debra Cassens Weiss

Posted on 02/18/2016 5:51:48 AM PST by GregNH

GOP presidential candidate Ted Cruz should recuse himself in any future Senate Judiciary Committee vote on a nominee to replace Antonin Scalia, according to a law professor’s op-ed.

Cruz has a conflict of interest because of questions surrounding his eligibility to serve as president, according to the CNN op-ed by Northwestern University law professor Steven Lubet. Cruz is the only remaining GOP presidential contender with a seat on the committee.

(Excerpt) Read more at abajournal.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: aba; cruz; naturalborncitizen; nbc; scalia; scotus; tedcruz
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I didn't see that coming...
1 posted on 02/18/2016 5:51:49 AM PST by GregNH
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To: GregNH

Bring the lawsuit Donald.


2 posted on 02/18/2016 5:53:35 AM PST by Undecided 2012
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To: GregNH

“Law Professor” is rapidly becoming an oxymoron.

May as well get Revolution II done and over with.

Far too many liberals.


3 posted on 02/18/2016 5:53:59 AM PST by Da Coyote
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To: GregNH

Grasping at straws.....yet the Leftist sheeple will embrace this and believe it.....the ‘Cruz National born citizen’ issue is no where near the SCOTUS.


4 posted on 02/18/2016 5:54:11 AM PST by originalbuckeye ("In a time of universal deceit, telling the truth is a revolutionary act." - George Orwell)
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To: GregNH

US Senators are not required to be natural born citizens; only US citizens.


5 posted on 02/18/2016 5:54:16 AM PST by Arm_Bears (Rope. Tree. Politician/Journalist. Some assembly required.)
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To: GregNH

Since there is still a lot of doubt in the country about Obama’s birthplace, he should recuse himself from nominating the commie lib freak that will take Scalia’s seat.


6 posted on 02/18/2016 5:54:35 AM PST by FlingWingFlyer (02-13-2016. America's Blackest Day.)
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To: GregNH

Not this sh!t again.

Will someone PLEASE bring the lawsuit so this idiocy can be shot down once and for all???

Please - we’re begging you now. Either sue or SHUT UP.


7 posted on 02/18/2016 5:55:50 AM PST by bolobaby
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To: GregNH

‘I’m Donald Trump, and I approved this message....”

So what if this means Obama appoints a radical to replace Scalia and it pushes the country over a cliff.....I’m terrific!!!!


8 posted on 02/18/2016 5:56:28 AM PST by C. Edmund Wright (WTF? How Karl Rove and the Establishment Lost...Again (Amazon Best Seller))
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To: GregNH

I would think he has an overwhelming duty to his constituents to vote on any such nominee, should they come up for a vote. That duty would be present at that time, not a possible future conflict based on a speculative legal action which may or may not occur.


9 posted on 02/18/2016 5:56:43 AM PST by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing.)
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To: GregNH

op-ed does not make it fact


10 posted on 02/18/2016 5:57:10 AM PST by SisterK (its a spiritual war)
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To: GregNH

Should african american congresspersons recuse themselves from voting on civil rights legislation?


11 posted on 02/18/2016 5:57:26 AM PST by circlecity
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To: GregNH

No, it does not. Regardless of whether he is a NBC for President, he meets the qualifications and requirements to be a US Senator, one whose responsibilities is to assist in providing advisement and consent of nominees- including a Supreme Court Justice.

I am going to vote for Trump in my primary and for Ted in the general if he gets the nomination. But this issue argument is specious and completely diversionary, IMO.


12 posted on 02/18/2016 5:58:09 AM PST by Gaffer
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To: GregNH

He must recuse. Absolutely...


13 posted on 02/18/2016 5:58:49 AM PST by Sacajaweau
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To: Arm_Bears
US Senators are not required to be natural born citizens; only US citizens.

I took the barking moonbat to be saying Cruz should recuse himself from voting because his status as a candidate for President could come before the Judge he would be voting to confirm.

14 posted on 02/18/2016 5:59:21 AM PST by IamConservative (There is no greater threat to our freedoms than Bipartisanship.)
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To: Arm_Bears

The law professor is asking for a recusal because Cruz’s NBC status will have to be adjudicated by SCOTUS since the Senate won’t help him out.


15 posted on 02/18/2016 5:59:27 AM PST by lodi90 (TRUMP Force 1 lifting off)
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To: GregNH

Cruz is eligible to be a Senator.

He does not have to be NBC to be a Senator.

It is a non-issue.

This law professor sounds more like an opinion for hire.


16 posted on 02/18/2016 5:59:47 AM PST by exit82 ("The Taliban is on the inside of the building" E. Nordstrom 10-10-12)
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To: Gaffer

Totally bogus argument, Cruz is a sitting US Senator and as such he represents the people of Texas and the people of Texas will have their say in who gets seated on the Supreme Court.


17 posted on 02/18/2016 6:00:49 AM PST by jpsb (Never believe anything in politics until it has been officially denied. Otto von Bismark)
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To: Smokin' Joe

headline is talking about the natural born issue...if it goes to the court.


18 posted on 02/18/2016 6:01:16 AM PST by Sacajaweau
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To: GregNH

Is this the American BAR Association? Legal BAR? Or drinking BAR...Sheesh.


19 posted on 02/18/2016 6:02:27 AM PST by goodnesswins (Alinsky.....it's what's for dinner)
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To: SisterK
-- op-ed does not make it fact --

Recusal in a situation like this is always a question of judgement. The general rule is that a person who has an interest in the outcome, should not be allowed to pick their own judge, and (in the case of a judge) should not be allowed to decide the case. One who has an interest may or may not be impartial, but in the interest of preserving public trust in "the system," (as well as giving the parties an unbiased shake) that person should step aside from this one decision.

Much as I detest the ABA, it has a point here. Cruz is potentially THE party in the case!

20 posted on 02/18/2016 6:03:12 AM PST by Cboldt
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