Houston attorney asks Supreme Court to rule Ted Cruz ineligible for presidency

The Dallas Morning News ^ | January 15, 2016 | Bobby Blanchard

[justlittleoleme]

Sen. Ted Cruz might finally get the chance to prove he is eligible to run for president once and for all.

A Houston-based attorney has filed a lawsuit against Cruz, asking the U.S. Supreme Court to settle whether Canadian-born Cruz is eligible for the presidency. Noting that the Iowa caucuses are just weeks away, the attorney asks the court to expedite the case as quickly as possible.

"This 229 year question has never been pled, presented to or finally decided by or resolved by the U. S. Supreme Court," wrote attorney Newton Schwartz in his lawsuit that he filed Thursday. "Only the U.S. Supreme Court can finally decide, determine judicially and settle this issue now."

He writes: "It is undisputed, by all legal scholars, there is no U.S. Supreme Court decision or precedent: determinative of the following agreed facts of this case and controversy. 'Natural born citizen' has never been defined."

Schwartz asked the court to rule that Cruz is not eligible to run for President.

The Cruz campaign declined to comment on the suit, but said Cruz has no connection Schwartz.

[dragnet2]

Trump is the only one on the stage to be applauded by Rafael.

[sakic]

Trump and Cruz alliance is a myth.

[demshateGod]

That’s a genuine LOL.

[circlecity]

"Has the SCOTUS ever taken a case without it moving through the court system?"

There are some instances where the USSC does have original jurisdiction but I'm not sure what they are or whether this matter would rise to that level.

[Slyfox]

Yeah, when Trump realized that the ticket could possibly be Cruz/Trump he got his nose all out of joint and began his attacks.

[dragnet2]

Trump told him this was coming...There will be more.

Kinda of a no brainer.

[FerociousRabbit]

The SC will not entertain this. It will first have to got through a lower court. The lower court will rule no standing. Expect a bazillion of these to be mentioned in the press.

[Kickass Conservative]

You’re kidding, right?

Democrat Congressman Grayson in Florida brought this up Months ago, long before Trump said a word about it.

Democrat Congressman Grayson said he would File Suit the moment Cruz was chosen as the Republican Nominee long before Trump said a word about it.

At least this idiotic Democrat Attorney is getting it out of the way before we have a Nominee who would be deemed Unqualified to become POTUS and hand the Election to Hillary without a fight.

Blaming Trump, ridiculous.

Please refer to my Tagline and make an appointment with your Doctor ASAP.

[TBP]

Precisely.

[DesertRhino]

Maybe not jumping the gun. I just get a vibe watching Trump and Cruz that they are a team, playing off each other. Instead of this happening in October, itll be decided now.
Notice how Cruz speaks of his legal experience vs Trump but then says how Trump can build a wall etc,,,
Then Trump speaks of his deal making ability and love for New York, etc.

I think they are already a team, each bringing to the game what the other lacks. Cruz is a constitutional expert, knows government. Trump gets things done and loves business. Both are disliked by the GOPe. Nothing either has said is so nuclear that they cant reconcile.

They almost smirk as they argue.

The one thing we should have learned by now is to watch for Trumps curveball, and Cruz intelligence. This is a plan.

[Yosemitest]

This is going NO WHERE FAST !

It proves how afraid of TED CRUZ the"ESTABLISHMENT REPUBLICANS" and the DemocRATS are.
But let's look at the DemocRATS and how much they care about the "natural born citizen" issue in relationship with the requirements for the Presidency.

Isn''t it interesting HOW DemocRATS have tried to eliminate the "Natural Born Citizen" requirement at least 8 times BEFORE Obama won his election in 2008 ?
If you don't believe me, then VERIFY IT FOR YOURSELF !
Look at these links.
1. June 11, 2003, Rep. Snyder, Vic (D) 108th congress, H.J.Res. 59

2. Sep 3, 2003, Rep. Conyers, John Jr., (D) H.J.Res. 67

3. Feb 25, 2005, Sen. Nickles, Don (R-OK) Senate Bill 2128, counter the democrats Natural Born Citizen Act - but Defines it wrong

4. Sep 15, 2004, Rep Dana Rohrabacher (D)(R-CA46) H.J.Res 104

5. Jan 4, 2005, Rep Conyers, John Jr., H.J.Res. 2 109th Congress

6. Feb 1, 2005, Rep Rohrabacher, Dana (D) (CA-46) H.J.Res.15

7. April 14, 2005, Rep. Snyder, Vic (D) (AR-2) H.J.Res. 42

8. Feb 28, 2008, Senator McCaskill, Claire (D) Attachment to a military bill Senate Bill 2678 Titled Children of Military Families Natural Born Citizen Act.
DNC Presidential Candidate Senator Clinton and Senator Obama were cosponsors of this bill.

9. April 10, 2008, Sen McCaskill, Claire (D) (MO) Senate Res.511 passed declaring Senator John McCain a Natural Born Citizen.
But it was never in question. It was cosponsored by DNC Presidential Candidate Senator Clinton and Senator Obama.

NO, those lawsuits are a waste of time and money, and are only meant to throw smoke into the issues.
But since when have SOCIALISTS cared about the truth, and the RULE OF LAW ?

On the Meaning of "Natural Born Citizen",
MAR 11, 2015, Commentary by Neal Katyal & Paul Clement

... While the field of candidates for the next presidential election is still taking shape,
at least one potential candidate, Senator Ted Cruz, was born in a Canadian hospital to a U.S. citizen mother.^15×
15. See Monica Langley, Ted Cruz, Invoking Reagan, Angers GOP Colleagues But Wins Fans Elsewhere, Wall St. J. (Apr. 18, 2014, 11:36 PM), http://www.wsj.com/articles/SB10001424052702303873604579494001552603692.
Despite the happenstance of a birth across the border, there is no question that Senator Cruz has been a citizen from birth and is thus a "natural born Citizen" within the meaning of the Constitution.
Indeed, because his father had also been resident in the United States, Senator Cruz would have been a "natural born Citizen" even under the Naturalization Act of 1790.
Similarly, in 2008, one of the two major party candidates for President, Senator John McCain, was born outside the United States on a U.S. military base in the Panama Canal Zone to a U.S. citizen parent.^16×
16. See Michael Dobbs, John McCain's Birthplace, Wash. Post: Fact Checker (May 20, 2008, 6:00 AM), http://voices.washingtonpost.com/fact-checker/2008/05/john_mccains_birthplace.html [http://perma.cc/5DKV-C7VE].
Despite a few spurious suggestions to the contrary, there is no serious question that Senator McCain was fully eligible to serve as President,
wholly apart from any murky debate about the precise sovereign status of the Panama Canal Zone at the time of Senator McCain's birth.^17×
17. See, e.g., Laurence H. Tribe & Theodore B. Olson, Opinion Letter, Presidents and Citizenship, 2 J.L. 509 (2012).
Indeed, this aspect of Senator McCain's candidacy was a source of bipartisan accord.
The U.S. Senate unanimously agreed that Senator McCain was eligible for the presidency,
resolving that any interpretation of the natural born citizenship clause as limited to those born within the United States was "inconsistent with the purpose and intent of the 'natural born Citizen' clause of the Constitution of the United States,
as evidenced by the First Congress's own statute defining the term 'natural born Citizen.' "^18×
18. S. Res. 511, 110th Cong. (2008).
And for the same reasons, both Senator Barry Goldwater and Governor George Romney were eligible to serve as President although neither was born within a state.
Senator Goldwater was born in Arizona before its statehood and was the Republican Party's presidential nominee in 1964,^19×
19. See Bart Barnes, Barry Goldwater, GOP Hero, Dies, Wash. Post, May 30, 1998, http://www.washingtonpost.com/wp-srv/politics/daily/may98/goldwater30.htm [http://perma.cc/K2MG-3PZL].
and Governor Romney was born in Mexico to U.S. citizen parents and unsuccessfully pursued the Republican nomination for President in 1968.^20×
20. See David E. Rosenbaum, George Romney Dies at 88; A Leading G.O.P. Figure, N.Y. Times, July 27, 1995, http://www.nytimes.com/1995/07/27/obituaries/george-romney-dies-at-88-a-leading-gop-figure.html.

There are plenty of serious issues to debate in the upcoming presidential election cycle.
The less time spent dealing with specious objections to candidate eligibility, the better.
Fortunately, the Constitution is refreshingly clear on these eligibility issues.
To serve, an individual must be at least thirty-five years old and a "natural born Citizen."
Thirty-four and a half is not enough and, for better or worse, a naturalized citizen cannot serve.
But as Congress has recognized since the Founding, a person born abroad to a U.S. citizen parent is generally a U.S. citizen from birth with no need for naturalization.
And the phrase "natural born Citizen" in the Constitution encompasses all such citizens from birth.
Thus, an individual born to a U.S. citizen parent - - whether in California or Canada or the Canal Zone - - is a U.S. citizen from birth
and is fully eligible to serve as President if the people so choose.



---



* Paul and Patricia Saunders Professor of Law, Georgetown University.
** Distinguished Lecturer in Law, Georgetown University; Partner, Bancroft PLLC.

[napscoordinator]

and no curiosity about Obama’s?

I think there were lawsuits for Obama. Cruz needs to get this behind him. This is the focus of his campaign now and he isn't functioning as well with it in the forefront.

[napscoordinator]

and no curiosity about Obama’s?

I think there were lawsuits for Obama. Cruz needs to get this behind him. This is the focus of his campaign now and he isn't functioning as well with it in the forefront.

[ilovesarah2012]

I would like to see a definitive ruling to resolve this once and for all. Foreign born father and candidate was born in a foreign country. Can any foreigner become president so long as his mother is American? Or if his father is?

[faithhopecharity]

Court won’t decide any case before there is a case to be decided. (”ripeness” principle). Cruz will have to get elected first. And then, the court will almost certainly duck the issue anyway — just look at how assiduously the courts have avoided dealing on the merits with this exact issue these past seven years!!). Forget the courts, they’ve made themselves as irrelevant as Congress and, yes, just as irrelevant as that old worn- out, out- dated EuroMale racist, sexist, kapitalist, xenophobic, homophobic, Bible-thumping “constitution”

[DesertRhino]

Im with you on that.

[spacejunkie2001]

So if the ‘courts’ have never ruled if someone like Ted Cruz is eligible or not, what does this idiot atty want Cruz ruled ineligible? Can anyone say...agenda driven?

[dware]

I still believe that Cruz and Trump are playing the prees sand the DNC.

Bingo!

1. If they didn't get it out and dealth with now, the dummycrats would have in the general

2. Look at the media coverage this is getting - over the last couple weeks, it has been the big news. Other candidates? What other candidates?

3. This sets them both up quite nicely for Trump/Cruz 2016

[gdani]

I do not see how the Houston attorney has standing (acceptable to a court). And I also think he filed prematurely. Cruz is technically a candidate for the Republican nomination, not for president.

[fingers_crossed]

At this point the guy is doing everybody a favor. If it gets fast tracked it gets the question answered quickly and then everyone can make their plans based on the decision.