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'Natural born citizen' issue requires Ted Cruz's recusal in vote on SCOTUS nominee, op-ed says
ABA Journal ^ | 2/18/2016 | Debra Cassens Weiss

Posted on 02/18/2016 5:51:48 AM PST by GregNH

GOP presidential candidate Ted Cruz should recuse himself in any future Senate Judiciary Committee vote on a nominee to replace Antonin Scalia, according to a law professor’s op-ed.

Cruz has a conflict of interest because of questions surrounding his eligibility to serve as president, according to the CNN op-ed by Northwestern University law professor Steven Lubet. Cruz is the only remaining GOP presidential contender with a seat on the committee.

(Excerpt) Read more at abajournal.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: aba; cruz; naturalborncitizen; nbc; scalia; scotus; tedcruz
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To: FlingWingFlyer

Lefty CNN op-ed by lefty Northwestern University law professor Steven Lubet.

In addition to getting his stuff printed by CNN, Lubet writes for the lefty rag Slate.


21 posted on 02/18/2016 6:03:16 AM PST by MarvinStinson
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To: jpsb

My point was exactly that. He has already met the requirements of being a US Senator and IIRC it requires at least 35 years of age and a US citizen. That’s all.


22 posted on 02/18/2016 6:03:22 AM PST by Gaffer
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To: GregNH

Veeeeery Interesting!


23 posted on 02/18/2016 6:03:45 AM PST by Don Corleone ("Oil the gun..eat the cannoli. Take it to the Mattress.")
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To: GregNH
Cruz has a conflict of interest because of questions surrounding his eligibility . . .

Well, no, because there's no litigation on this at present. Just a lot of talk, which is notoriously cheap.

24 posted on 02/18/2016 6:04:08 AM PST by SamuraiScot
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To: GregNH
-- I didn't see that coming... --

Not sure if you re being sarcastic or not, but I didn't see this coming, for real!

25 posted on 02/18/2016 6:04:30 AM PST by Cboldt
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To: GregNH

That is flat out BS. He was qualified to be a US senator therefore he can vote, period end of story (Weiss, you liberal POS).


26 posted on 02/18/2016 6:04:39 AM PST by Mouton (The insurrection laws maintain the status quo now.)
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To: GregNH

Conflict of interest? He’s a Senator. the tin foil is extremely thick with this one.


27 posted on 02/18/2016 6:05:14 AM PST by Durbin
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To: Sacajaweau

Go sign a petition begging Donald Trump to sue Ted Cruz on eligibility. I guarantee that if he sues you trumpettes won’t like the outcome.

That’s why he is NOT suing and just making retarded noises.


28 posted on 02/18/2016 6:05:32 AM PST by bolobaby
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To: Gaffer

For Senator, the age is 30 years, and US residence is 9 years. as you note, the other requirement is to be a citizen.


29 posted on 02/18/2016 6:06:33 AM PST by Cboldt
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To: GregNH
It seems that Northwestern University law professor Steven Lubet is afraid that Sen. Cruz might favor a Scalia-like constitutional justice instead of a radical leftist, traitorous justice like one of the Obergefell-Five.
30 posted on 02/18/2016 6:06:48 AM PST by Carl Vehse
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To: Gaffer
Yes a I was agreeing with you

and I do not want Texas disenfranchised from any vote on a SC Justis.

31 posted on 02/18/2016 6:07:17 AM PST by jpsb (Never believe anything in politics until it has been officially denied. Otto von Bismark)
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To: Cboldt

Okay. I guess the 35 was for President. The main thing is that it does not require NBC.


32 posted on 02/18/2016 6:07:25 AM PST by Gaffer
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To: Sacajaweau
headline is talking about the natural born issue...if it goes to the court.

I am aware of that.

That there might come an action in the future concerning Cruz' NBC status is not reason to abstain from voting on a potential SCOTUS appointee.

His duty to vote on the appointee, something which would be clear, definite, and present would overshadow the alleged conflict of interest from an action which might never occur.

I just see this as one more attempt to have one less NAY vote, and an attempt to lend credence to the NBC issue in the absence of a ruling or action, in order to use such a recusal against Cruz.

33 posted on 02/18/2016 6:07:38 AM PST by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing.)
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To: Da Coyote

Cruz knows that he is not nor will ever be a ‘natural born’ US citizen... He is playing fast and loose with the Constitution.

Notice how he use to be referred to the man that followed ‘original intent’ of the Constitution... well that claim to fame got dropped, and now he is referred to as the ‘consistent conservative’...


34 posted on 02/18/2016 6:08:40 AM PST by Just mythoughts (Jesus said Luke 17:32 Remember Lot's wife.)
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To: jpsb
“No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.”

At 42 years old in 2012, Ted Cruz obviously met the age requirement of 30 years. However, he also needed to meet the requirement of at least “nine Years a Citizen of the United States.” As the Constitution states, one cannot be just an “Inhabitant of that State for which he shall be chosen.”

“The inhabitants, as distinguished from citizens, are foreigners, who are permitted to settle and stay in the country. Bound to the society by their residence, they are subject to the laws of the state while they reside in it; and they are obliged to defend it, because it grants them protection, though they do not participate in all the rights of citizens. They enjoy only the advantages which the law or custom gives them. The perpetual inhabitants are those who have received the right of perpetual residence. These are a kind of citizens of an inferior order, and are united to the society without participating in all its advantages. Their children follow the condition of their fathers; and, as the state has given to these the right of perpetual residence, their right passes to their posterity.”

The above Canadian document is proof of Canadian Citizenship at birth for Senator Ted Cruz. The next piece of authenticated evidence released by Ted Cruz is a Canadian document proving that he remained a legal citizen of Canada until renouncing that citizenship in May of 2014, which means, he was still a legal citizen of Canada in 2012 when he ran for, was elected and took the oath of office for the US Senate.

Ted’s parents were at no time serving in the U.S. Armed Forces, employed by the U.S. Government or by any of the certain international organizations, during their eight years in Canada, between 1966 and 1974. Further, Ted’s father Rafael, was at no time a legal citizen of the United States prior to naturalizing in 2005, from Canada. Rafael’s known legal citizenship status as of 1970 was Cuban, not American.

35 posted on 02/18/2016 6:08:43 AM PST by scooby321
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To: GregNH

A law prof that just wants to get a cheap shot national headline so that he can try to get laid some of by his prettier airhead liberal students (female or otherwise). And legal basis for a politically motivated frivolous lawsuit IMHO. Yawn.


36 posted on 02/18/2016 6:08:58 AM PST by SteveH
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To: GregNH

My Op-Ed says their opinion is worthless and not worthy of consideration.


37 posted on 02/18/2016 6:09:15 AM PST by G Larry (ILLEGAL IMMIGRANTS impose SLAVE WAGES on LEGAL Immigrants.)
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To: jpsb

I’m going to be on my two Senators with a vengeance about it - NO vote for ANY Obama nominee. But as a stopgap, I expect Ted to filibuster his ass off as a safeguard. :0)


38 posted on 02/18/2016 6:10:40 AM PST by Gaffer
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To: Arm_Bears

That is not the professor’s point. Read the article! He is not even posing an opinion on whether Cruz is NBC. His point is eventually it WILL come before SCOTUS after appeals and Cruz would THEN be in conflict of interest.


39 posted on 02/18/2016 6:11:34 AM PST by nclaurel
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To: All

Zzzzzzz


40 posted on 02/18/2016 6:12:24 AM PST by Oldeconomybuyer (The problem with socialism is that you eventually run out of other people's money.)
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