That is moot now that the electorate has lowered the bar to whomever we elect (post facto eligibility). Until and unless Obamugabe is impeached and removed on ineligiblity rules, Cruz is, most certainly, eligible...in an electoral manner.
***The 20th amendment states “if a pres elect fails to qualify”, so it is inherent in the statement that a president has qualified, was eligible. That was the job of the SCOTUS and they sat on their hands in the manner you describe. It was SCOTUS who failed us.
WW, we have no continuing debate/argument regarding Cruz. We agree that he is eligible according to the electoral process and precedence previously provided.
***That precedence was provided by Obama. He whittled away at the constitution and got away with it, so now there will be others trying to drive trucks through the loophole he created.
Yes, SCOTUS failed us. But they used the excuse of lower courts saying it was nobody’s business - that nobody had standing. That means that when somebody with standing DOES appear they can come in and make whatever decision they want. They were very deliberate about NOT setting a *legal* precedent. They’ll say Obama got away with it because nobody who had standing challenged his eligibility (because Chelsea Clinton was threatened, according to sources close to the Clintons - and I suspect McCain was as well, and we know Palin was gagged by McCain). But nobody will keep Hillary from challenging the eligibility of Ted Cruz. The whole system hates him because he is antiseptic to their rotting, putrescent corpses. So when he is challenged the courts will be all too happy to say that Hillary has standing, and they will give her the decision that gets rid of Cruz.
By refusing to make a *legal* ruling, there is no legal precedent, so they still have this nuclear option available. Unless we force them to give a legal ruling on the definition of NBC BEFORE the 2012 primary.