Absulutely and that’s exactly why Trump is pushing it, to muddy up the water.
He knows full well that only if/after Cruz becomes President will the case be “ripe” for litigation and decision.
Disingenous for sure but then The Donald is hardly notorious for being a straight shooter.
There is not a judge in the country that wants to hear an elligibility case against a sitting president. The time to resolve this is now, before the elections.