The difference is that Cruz is an attorney and Donald isn't - and Cruz knows that you have to have an actual case or controversy to get into court. There have to be two opposing sides making an argument, and one side has to show a real harm. Federal courts don't take cases just to make advisory opinions.
Or maybe Donald's high-powered attorneys (you know, the same ones that told him Cruz was eligible) already told him that, and he just keeps saying something he knows isn't true to keep the issue alive. If Donald really wanted to settle this HE could try to sue Cruz over this - then there would be a controversy with two sides that the court might take. But I don't think he wants this settled.
This bears repeating, as there is a lot of misinformation circulating on this point, for which Trump's "advice" to Cruz is fanning the flames of confusion.
If Donald really wanted to settle this HE could try to sue Cruz over this - then there would be a controversy with two sides that the court might take. But I don't think he wants this settled.
I'm guessing Trump's attorneys are of the view with the majority of legal scholars on this point (both now and when this issue came up back in the Geo. Romney days): that notwithstanding some SCOTUS cases that support a credible eligibility challenge, at the end of the day the Court is likely to uphold a Cruz candidacy. The last thing Trump wants is to file the cruise missile and miss. He gets enough mileage out of leaving the issue unsettled.
Donald has plenty of attorneys. Do you really think he didn’t talk to them before saying that.
And there is a process to get a Declatory Judgement. There is clearly a controversy. It’s in all the papers with legal experts weighing in on both sides.