Up until the death of Justice Scalia you were probably right. But if the four liberal justices have any wiggle room, and they do... they will decide against Cruz. This will deadlock the Supreme Court. The lower court's ruling will stand. Whoever files one of these lawsuits will do it where they will get the most liberal panel of judges on the appeal. Some of the most liberal judges in the country will get to decide the fate of the most conservative politician in the presidential race. If that does not strike fear into your heart, I don't know what will.
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.
Fair point, but only an activist court would rule that Cruz is not an NBC.