Cruz should have done what Trump suggested. Go to federal court and get a Declaratory Judgement. Now he has waited until a lawsuit has been filed, so it’s too late for that. He now has to work the lawsuit.
It’s possible he could ask the court for an expedited hearing.
Who is Cruz going to sue. He can’t sue himself. Explain to me exactly how he gets this issue in front of a court. Are you an attorney? Because I would love to read your expertise on this issue?
You can’t get a declaratory judgment from a federal court without an actual case in controversy.
Theoretical controversy, such as that debated by scholars and pundits in the political arena, does not qualify as a legal controversy.
Under what pretense would a court entertain such a request ?
Federal Courts do not issue declaratory judgments. I would think Trump would have been so advised by now.