Good point.
But Republican belief in his eligibility will solidify when Cruz wins a lawsuit. But that would only make the issue fester. The democrats and leftists would then tag-team with the Establishment Republicans to undermine Cruz. Ugly.
Solution needed. Solution offered above.
FRegards ....
Yeah... the good Lord could, if He sees fit and if Cruz insists, still bring Cruz past this shadow. The question would be, at what cost in tribulations however, and the modern body politic is notoriously fickle and impatient. Trump at least keeps the circuses going, sad that we need the circuses, but it is an accommodation to our weakened state. Cruz will be saying just wait, just wait, just wait, and it would seem quixotic.
Also Obama and friends would see a GOP that is busy thrashing out an answer and be more emboldened to take advantage of its distraction.
For Cruz to concede to Trump that Trump is more plausibly heir apparent of the GOP nomination would make sense. Now Cruz can dig in for Trump and the distracting battle becomes synergy.