Posted on 02/07/2016 5:49:15 PM PST by 2ndDivisionVet
The local GOP isn't choosing sides on whether U.S. Sen. Ted Cruz (R-Texas) is qualified to seek his party's presidential nomination -- at least, not right now.
Why's that important?
Because, according to a Friday report at al.com, a handful of Cullman County residents has filed a federal lawsuit alleging that Cruz, by virtue of his Canadian birth to a mother who is a U.S. citizen, is not a "natural born" U.S. citizen and is, therefore, not legally qualified to run for the presidency.
The suit, a copy of which al.com said it received Friday from the Drake Law Firm in Cullman, was reportedly filed in U.S. District Court last week.
Attempts to reach Tommy Drake of the Drake Law Firm at his office Saturday were unsuccessful.
At issue is the interpretation of the U.S. Constitution's requirement that "no person except a natural-born citizen, or a citizen of the United States...shall be eligible to the office of president."
Local GOP party chair Kelly Duke was surprised to learn of the suit Saturday evening, saying the local party's leadership would not be in a position to offer an official opinion anytime soon, if at all.
"To be honest, this is absolutely the first I've heard about it," said Duke. "I'm not going to make any comments as far as the Cullman County Republican Party is concerned."
Duke said he knew of no other instance, either in Alabama or in other states, involving a legal challenge to Cruz' eligibility for the presidency.
The lawsuit mirrors the many so-called "birther" lawsuits filed against current President Barack Obama since 2008, challenging his eligibility on the basis of his citizenship.
In January, Houston, Texas attorney Newton B. Schwartz Sr. filed a federal lawsuit against Cruz similar to the Drake Law Firm's filing. A Florida resident also filed a "birther" lawsuit against U.S. Sen. Marco Rubio (R-Fla.) in January, challenging his legal eligibility to seek the presidency.
Gosh, How will we ever know?
Only Trump and the cult seem to think it matters.
They didn’t have the ‘nads to pull this phony bull**** on the ‘RAT messiah.
There were countless suits against Obama for years. They just sadly(related to Obama) went nowhere as this one will. Liberal judges don’t give a hang until a general election.
A very huge number of people just call them voters.
Would they have standing? Need to have a candidate like Dr Ben added as a plaintiff for standing ?
After Obama, this should matter to everyone! You would have to have a cult-like devotion to a candidate to ignore the danger that this non-natural born president with his divided loyalties has placed this country! But rest assured if Cruz and Rubio go forward and you waste your vote on either of them, the powers that be in the Republican party will not go out on a limb as Nancy Pelosi did to place Obama on the ballot. They will simply strip Cruz and Rubio of their delegates and give them to Bush come convention time.
I hope the Rubio suit has traction. He is NOT a natural-born citizen, even by the loose statutory interpretation of the term.
Many Americans would like this legally clarified, once and for all, me included.
Sorry, Oklahoma, it matters. The Democrats are going to jump all over this if Cruz makes it to the general election.
Mcconnel had the chance to address this and could have said Cruz is a citizen so it is a non-issueÂ, instead he chose to say,
“I just don’t think the Senate ought to get into the middle of this, These guys will all slug it out in Iowa and New Hampshire. We’ll have a nominee hopefully by sometime in the spring.”
He certainly didn’t have Teds back. Will there be lawsuits filed by the dem nominee? Maybe
True, the courts always find they don’t have “standing” to sue. However the Democrats won’t bother with courts. If Cruz were nominated they would just have Democrat Secs. of State refuse to put him on the ballot in some swing states. That would force Cruz to sue to be put on.
Trump is the one that keeps bringing this up. Why doesn’t he file suit? Could it be his legal counsel has told him to forget it?
Dems are so scary. They laugh about fraud.
After Obama, this should matter to everyone! You would have to have a cult-like devotion to a candidate to ignore the danger that this non-natural born president with his divided loyalties has placed this country! But rest assured if Cruz and Rubio go forward and you waste your vote on either of them, the powers that be in the Republican party will not go out on a limb as Nancy Pelosi did to place Obama on the ballot. They will simply strip Cruz and Rubio of their delegates and give them to Bush come convention time.
Very plausible indeed. If the suits fail to gain traction, Plan B is to strip the delegates and give them to the RINO de jure...Yet another reason to vote for Trump..
rue, the courts always find they don’t have “standing†to sue. However the Democrats won’t bother with courts. If Cruz were nominated they would just have Democrat Secs. of State refuse to put him on the ballot in some swing states. That would force Cruz to sue to be put on.
Seems a significant percentage of the cult didn’t bother to or care to vote DONEald in Iowa. That cliff edge must have scared them.
I think Trump actually would like to have Ted Cruz on the ticket as his VP candidate, but he can't risk doing that as long as the issue hangs over America and the validity of the candidacy.
On that basis, it is possible the Trump lawyers are telling him to lay off the issue.
You can guarantee the Democrats are ready-and-waiting on the citizenship issue. But, for sure, Trump won't select him if it's not settled legally.
No Senate resolution regarding nobama’s, McLames or Cruz’s NBC makes one bit of difference.
Only SCOTUS has the ability to determine precisely what NBC means, but the SCOTUS rarely becomes entangled in political disputes.
The conundrum is that STANDING is likely to keep NBC from coming before the SCOTUS ahead of the person in question being elected and once that person in question is elected and sworn in, he is the President according to the Constitution regardless of how he got there.
The Constitution gives only one stop, when the Electoral College is certified and that requires some significant steps to challenge.
In short NBC will not be decided and will require an Amendment to the Constitution to become more specific.
Your scenario is the most likely to at least some Dem trying to keep Cruz the nominee off some State ballots. Of course it won’t take 15 minutes to beat such a purely political move to be thrown out in any suit. Even if it required going to the SCOTUS, that would be deemed an emergency and receive a decision, with priority.
This ploy won’t do the deed either, as several States have already said he is NBC qualified including a least likely Illinois.
Now that several states have stated, including
Now that several states have stated, including
That line was deleted. Wonder if the FR gremlins that post the oddy things for parentheses are spreading?
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