Winning in court doesn't win the election. The Damage can be done in the court of public opinion and the Legal court rulings won't save him in the election.
Beyond that, he might actually face a very serious challenge in court. As Nero Germanicus almost had a meltdown when I pointed this out, perhaps you should consider it as well. I noticed that Ray76 has already mentioned it, but I don't think he highlighted the salient point.
“A person born out of the jurisdiction of the United States can only become a citizen by being naturalized...”– U.S. v. Wong Kim Ark-
I believe "Wong Kim Ark" has been bandied about for the last seven years as the most salient defining court decision on the topic. If Wong Kim Ark says you *MUST* be born inside the Jurisdiction of the United States then that's a pretty tough opinion to ignore, especially after so many people have said "Wong Kim Ark" was the last word on the subject.
And that doesn't even address the problem of arguing away the "Rogers v Bellei" decision.
For the record, Rogers v Bellei is now moot and wouldn’t be used as precedent.
From Wikipedia: “The statute under which Bellei was stripped of his citizenship was repealed by the U.S. Congress in 1978.”
If Senator Cruz decides to run, I am certain there will be lawsuits challenging his eligibility like there were for Obama and McCain. The courts will decide the issue.
Since Wong Kim Ark was born in San Francisco, the statement quoted by Ray76 had no bearing on the holding in that appeal and it is therefore not precedential.
As of 2011, United States Federal law (8 U.S.C. § 1401) defines who is a United States citizen from birth. The following are among those listed there as persons who shall be nationals and citizens of the United States at birth:
“a person born in the United States, and subject to the jurisdiction thereof”
additionally: “Children born overseas to married parents
The following conditions affect children born outside the U.S. and its outlying possessions to married parents.
If both parents are U.S. citizens, the child is a citizen at birth if either of the parents has ever had a residence in the U.S. prior to the child’s birth
If one parent is a U.S. citizen and the other parent is a U.S. national, the child is a citizen at birth if the U.S. citizen parent has lived in the U.S. for a continuous period of at least one year prior to the child’s birth
If one parent is a U.S. citizen and the other parent is not, the child is a citizen at birth if the U.S. citizen parent has been “physically present” in the U.S. before the child’s birth for a total period of at least five years, and
at least two of those five years were after the U.S. citizen parent’s fourteenth birthday.— the last example is Senator Cruz’s situation.