Posted on 02/15/2016 5:54:49 PM PST by mike70
've never started a thread (in 16 years), but I have a question for discussion.
Assume Ted Cruz is the Republican nominee. The Democrat candidate files lawsuits challenging Cruz's Natural Born Citizen status in two or more appellate districts. In one, the Court of Appeals rules that Cruz is a Natural Born Citizen and must appear on ballots. In another, the Court of Appeals rules that Cruz is not a Natural Born Citizen and cannot appear on ballots in that district.
Both cases are appealed to SCOTUS, but no replacement for Justice Scalia is nominated and confirmed. In both cases the Supreme Court splits 4-4. Would the matter revert to the decision of the Appeals Court so Cruz would be on the ballot in some states but not others.
To complicate the matter further, some states, California for example, span two appellate districts. If the decisions conflicted, Cruz would appear on some ballots in a state but not others.
What happens now?
So some head winds in this discussion.
First is the issue of effect in that in order for there to be a viable suit, there has to be a harmful effect aka standing. The first chance that I see this happening would be after Sen Cruz has been made the nominee. From there, it is possible that another candidate could sue but they would have to sue the party. Courts have be very reluctant to take such a case.
So this then sets up the next barrier which would be that the suit would be brought before a state election board. Again, this would be hard to over come the precedent set by the State of Illinois board of elections.
So lets assume the state rules in Sen Cruz’s favor and now we have the first chance to bring to a federal level. Got to get on the docket and NORMALLY would have to wait its turn to be heard. This can take several months and might just push it out beyond the convention date.
Now assume that this happens in two different states and both get to the federal level. I am told that when there are parallel law suits, that there is an attempt to combine them if possible. I am no legal expert but I imagine that this would further delay the ruling.
Now once there is a difference between two districts, then there is a “requirement” for SCOTUS to make a determination, but this still need to get into the SCOTUS docket. Argument calendars are set at least 2 to 3 months out for SCOTUS. This is to allow time for both sides to develop their briefs and to allow for amicus curie briefs to be filed. These have to be reviewed and a date for arguments set.
After some time for arguments, the justices then go off, write up their opinions, compare notes and attempt to sway others to their viewpoint. Again this takes time.
So I am of the opinion that there is not enough time for this to happen before the election. Because one side could be irrecoverably harmed by a ruling to remove the candidate from the ballot, I am of the opinion that the courts would issue a stay to allow the election to take place.
Just my opinions here.
The Dominion of Canada doesn’t get to decide who is, or is not a natural born US citizen.
They would not need much wiggle room. One citizen parent and born outside the country. If Obama was born in Kenya would he be NBC? Cruz is not NBC either.
RE: Illinois reviewed your question.
They said he could appear on the ballot
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New Hampshire did as well. Same result.
So now, the question you have to ask yourself, how many more individuals in our nation understand The Founders intent with the eligibility clause? The eligibility clause would never have been written if any citizen could be President. So, do you feel lucky?
“If Ted Cruz is the Republican nominee”; all will be happy in the world.
Donald Trump will end his business career, shave his head, and join the singing group Up With People.
Note further that legal challenges to Cruz's candidacy have been filed in five states -- Iowa, New Hampshire, South Carolina, Nevada and Illinois. All have been rejected.
However, the technical answer to your question is that, in the event of a SCOTUS tie, the individual Circuit Court decisions would be left standing -- but they would apply only within the geography of that particular circuit.
No, but they do get to decide who is a NBC Canadian and Cruz was. Don’t forget that Cruz just renounced his Canadian citizenship in 2014.
You just keep pretending that you know the answer to a question that has never been adjudicated. It’s hilarious.
You are correct, and Cruz is a NBC, he was not naturalized because he was born to a US citizen, just like my children born overseas because of my military service are NBCs not needing naturalization. Your argument is stupid.
I stand by my argument.
People need to stop making stuff out of this.
Legal arguments can be made against anyone. People can be indicted at anytime.
There is no good reason to believe that Cruz would be removed from ballots.
South Carolina allowed Cruz on their ballot for the primaries.... so that’s four states that have already de facto, ruled that he is eligible — Illinois, New Hampshire ( the Board of Elections of these two states have OFFICIALLY given their decision that they deem him to be Natural born ).
Iowa did implicitly by not contesting his delegates when he won there.
South Carolina still has the chance now but nothing has ever been filed in court or at their elections board regarding this issue ( other than Trump’s verbal fulminations ).
If there are any more issues, now is the time for other states to file suit to stop his name from being in the primaries.
Hillary would most likely get that and then we all win, right?
It is a moot point. Cruz will prevail only if he is not challenged or he is challenged if he is ruled eligible by a panel of the most liberal judges in the country. Regardless of how strongly you believe in his eligibility, Cruz's fate in the upcoming election will likely depend on the judgment of a panel of liberal judges.
People keep thinking that Donald Trump has been goaded into confrontations by the Cruz team. It could easily be the other way around so that Trump can file suit against Cruz without a backlash. Donald Trump is a chess player... the rest of the field are playing checkers.
Before the death of Justice Scalia there was a good chance the Supreme Court would rule in Cruz's failure. Now they will most likely deadlock and the lower court's decision will stand. If this doesn't scare the beejeebies out of you I don't know what will.
I don’t think Trump likes Conservatives .
I think he hates them in fact.
He and his followers attack conservatives at every turn.
he has not attacked Hilary or Sanders with the viciousness he and his supporters reserve for Cruz and other conservatives.
When Carson was the leader, Trump called him a psychopath.
I think the RNC may rule that Trump is ineligible to be the nominee for whatever reason they choose.
Maybe Trump followers should give up since that may in fact happen.
Please explain to me how you know that the RNC will not dismiss Trump as an eligible nominee.
Sorry for the typos.
That's a lie. Where is your self respect? lol
GREAT LINK!!! Thanks for posting it!! It should be its OWN THREAD!!!
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