if Cruz doesn’t ask for the case to be dismissed
There you go. Use no civil procedure, file no motions simply submit the response and argue that he is an NBC and get a ruling on the eligibility question. This is such a great oppty for Cruz to put the matter to bed you will instantly know that even Cruz doesn’t think he’s eligible if he seeks dismissal using the ordinary stuff a legal team would do to dispose of this matter. Caveat - I suppose they could file motions and take an interlocutory appeal on those rulings if Cruz feels the judge is bad in the first place.
But if Cruz moves for dismissal based on standing, etc. it smells like avoiding the issue on the merits.
Funny thing is the public cannot distinguish between dismissal on standing, and a decision on the merits. 95% of the public will take "case dismissed" as "the court ruled that Cruz is NBC."
Frustrating. The press is a tool of the government. We are past 1984 folks.