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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: Mouton

The Law Professor of this article is pointing out that Cruz HAS A CONFLICT OF INTERERST as a senator in confirming a Supreme Court Justice, because of the issue of whether or not Cruz is a NBC will sooner or later make its way to the SCOTUS (assuming Cruz stays in the race).

On the one hand, this is a valid opinion. On the other hand, we elect our judges in Texas. If someone has, say, a pending trial, that person is not barred from voting.


61 posted on 02/18/2016 6:26:00 AM PST by dlt
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To: GregNH

You don’t recuse yourself because of some possible future case before the court. On that basis, nobody could vote. This is nonsense.


62 posted on 02/18/2016 6:27:27 AM PST by RightGeek (FUBO and the donkey you rode in on)
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To: SteveH
-- The USSC cannot interfere with the constitutional mechanism used to elect the president as it is a violation of the separation of powers. --

I think that is arguable. If the courts can never step in, there is no check/balance on Congress.

At this point in the contest (and it will be similar in the general), there are 50 states, all of which forbid filing a false certification of eligibility. Those laws are not federal laws, they are ballot integrity laws, and they can be enforced by state courts, as those courts see fit. If the feds want to step in and establish uniformity, they can - they can at least try.

So far, the state courts have evaded the issue, leaving the question to be decided on an individual (person) basis, as informed by public discourse.

63 posted on 02/18/2016 6:28:03 AM PST by Cboldt
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To: Da Coyote

Where did he “study” law at? Islamic University of Iran?


64 posted on 02/18/2016 6:30:04 AM PST by SmokingJoe
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To: Gaffer

You can wishful think and hope that these bullshit claims, etc. have no play, but your influence is limited. Some people will continue to believe that Cruz is either outright ineligible (I’m in that group), or will discount his campaign because they fear the risk of litigation over the issue. Both of those will dilute Cruz’s share of the vote, and the ABA piece is, of course, an effort exactly along those lines. At the same time, the ABA piece probably has less effect than Trump beating the drum.


65 posted on 02/18/2016 6:32:55 AM PST by Cboldt
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To: Cboldt
He's a politican in this role, running for president. i can;t fault his logic. i view it like the deserted stretch of highway, post 50 MPH. A person can put on a drag race, occupy both lanes, and go as fast as the cars allow, without fear of being caught. Cruz is in that position with NBC. The chances of Congress or the courts enforcing that provision of the constitution are close to zero. It's stupid to follow the law, when you know the law is not enforced.

You are describing a character flaw. Cruz's biggest problem is his claim to fame is following the original intent of the Constitution.. Yet, he daily demands an exemption for himself. Liberal lawyers are not going to ignore that hypocrisy. I expect more than a few liberal lawyers and judges to find religion and decide to play 'original intent' upon Cruz.

66 posted on 02/18/2016 6:34:13 AM PST by Just mythoughts (Jesus said Luke 17:32 Remember Lot's wife.)
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To: Smokin' Joe

Yeah, it has been a rough 7 years.


Heh, hence the “admittedly”. Despite the best efforts of everyone, no one has been able to prove Obummer wasn’t born in Hawaii. We can suspect all we want, but so far there’s no proof.

Ted, on the other hand, has released his long-form Canadian birth certificate and “forgot” he was a dual citizen for however-many decades. He’s the true first case for this, in a legal sense.


67 posted on 02/18/2016 6:35:49 AM PST by 20yearsofinternet (Border: Close it. Illegals: Deport. Muslims: Ban 'em. Economy: Liberate it. PC: Kill it. Trump 2016)
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To: Leo Carpathian

Terrible legal interpretation, as it clearly only states what certain things ARE. It does not state that certain other things ARE NOT.

If you don’t get the distinction, you’d never make it in a courtroom.


68 posted on 02/18/2016 6:39:11 AM PST by bolobaby
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To: Cboldt

The question of his being eligible for President and being eligible and authorized to execute his duty as an existing Senator is not the question here on advice and consent on an Executive nomination (e.g., for USSC) are not related, and it is disingenuous to try and equate the two here with the USSC replacement nomination and you know it.

For this consideration, there is no legal basis to bring his candidacy into the mix; I’ve already explained that. Whether my opinion carries any weight is also immaterial. Facts, laws and the Constitution are what matters here.

Why you seem to want to protect this author’s assertions is beyond me, frankly. I am voting for Trump in my primary and if Cruz gets the nomination, for him in the general. Regardless, joining this fool author in his BS isn’t a horse I want to ride simply because I may or may not support Cruz for President.


69 posted on 02/18/2016 6:40:23 AM PST by Gaffer
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To: Just mythoughts
As the Seinfeld episode goes, "It's not a lie if you believe it." As viewed by the public, a person with a character flaw is often quite skilled at misleading. Cruz mission is to get the office, and if he can convince enough people he is eligible, then, as a matter of practice (but not fact) he is eligible.

Just because you and I see it as a character flaw, doesn't make the public see him that way, and public perception is reality.

I'm not sure the liberals will rain on his parade. There is a bigger goal at stake here, and that is erosion of nationalist sentiment. We are on our way to becoming a place on the earth that harbors all and varied ethnic and cultural enclaves, pooling resources for the common good. This "NWO creep" is going on all over the planet.

70 posted on 02/18/2016 6:41:36 AM PST by Cboldt
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To: GregNH

Face it. With Scalia’s death, Ted is a dead man walking.

Some Lib in the lower courts WILL entertain a challenge to his eligibility.

If the SCOTUS is still 4-4 it will deadlock, and the lower court ruling will stand.

If the Libs take a 5-4 majority they will rule that he is more Canadian than Dudley Dooright.

As a practical matter there is just no path forward for Ted any longer.


71 posted on 02/18/2016 6:41:37 AM PST by Buckeye McFrog
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To: Gaffer
I'm not trying to equate the two, and you know it, or you should if you give my expression the ordinary meaning.

The only protection I've given the author is that his bullshit piece will persuade some people against Cruz. You can of course disagree with my opinion on that point, but if you persist in misleading about MY position, then civility betrween us will die suddenly, and I'll make a point to make it interesting for the readers. You have been warned.

72 posted on 02/18/2016 6:44:16 AM PST by Cboldt
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To: Cboldt
As the Seinfeld episode goes, "It's not a lie if you believe it." As viewed by the public, a person with a character flaw is often quite skilled at misleading. Cruz mission is to get the office, and if he can convince enough people he is eligible, then, as a matter of practice (but not fact) he is eligible. Just because you and I see it as a character flaw, doesn't make the public see him that way, and public perception is reality. I'm not sure the liberals will rain on his parade. There is a bigger goal at stake here, and that is erosion of nationalist sentiment. We are on our way to becoming a place on the earth that harbors all and varied ethnic and cultural enclaves, pooling resources for the common good. This "NWO creep" is going on all over the planet.

If Hillry does not end up in Ft. Leavenworth, or checks herself in some posh mental institution, she will fight this 'natural born' Canadian Hispanic Cuban. He is playing with fire...

73 posted on 02/18/2016 6:46:08 AM PST by Just mythoughts (Jesus said Luke 17:32 Remember Lot's wife.)
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To: GregNH

Then shouldn’t Rubio be forced to recuse himself as well? His eligibility could be questioned, and he may run again or be the vice-presidential nominee.


74 posted on 02/18/2016 6:49:51 AM PST by DoodleDawg
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To: Cboldt
You can of course disagree with my opinion on that point, but if you persist in misleading about MY position, then civility betrween us will die suddenly, and I'll make a point to make it interesting for the readers. You have been warned.

I, sir, am not the one issuing threats here. I expressed my opinion the two had no relevancy to each other and you said my opinion meant nothing and then proceeded down a 'what if' path and added you felt Cruz was 'ineligible'. Ineligible for what?

I mislead nothing and made no threats.

75 posted on 02/18/2016 6:52:55 AM PST by Gaffer
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To: dlt

I know what the author was saying. There is no valid point there. He is a senator, he is eligible to vote on the issue of an appointment.

Frankly, the matter will be moot by the time of the election because it will not be before that court by election day. By the way, recusing oneself from a metter they were involved in and/or one wherein they have a vested current interest does not extend to some potential issue i.e. legislatures vote on tax matters all the time albeit they pay taxes.

I think the author would be better served determining if a candidate for president under indictment can be elected or if the election will toll the statute if she were elected.


76 posted on 02/18/2016 6:53:01 AM PST by Mouton (The insurrection laws maintain the status quo now.)
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To: Gaffer
Your reading comprehension sucks, and you attributed a number of positions to me, that I do not hold. Perhaps your writing skills suck, or perhaps you harbor animus toward me. Whatever, the root cause, YOU are the problem in this exchange.
Why you seem to want to protect this author's assertions is beyond me, ...

Other than a passing remark, the first one I made in this thread, I have argued AGAINST the author's assertions. If you can;t see that in the ordinary meaning of my expression, then your reading comprehension sucks, or you choose to skip over my words and make baseless accusations.

No matter how you cut it, your conduct toward me is lower than dirt, and now, you and I have parted company, enemies. Nice job, counselor.

77 posted on 02/18/2016 6:58:04 AM PST by Cboldt
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To: Cboldt

I don’t even know who you are, frankly. Nor do I hate you.

My only exasperation was your continuance of this author’s claims and adding supposition about effects on the campaign. None of that applies to Ted’s authorization to advise and consent. You can take that as a personal offense and slight; it was not meant to be so. To me, giving this whole question about confirmation is pointless and it should be treated as such, thus my consternation.

My goal in any of this was solely to convey the author’s assertions are BS and that there is no question about his authority with respect to the task at hand.

I don’t make enemies over things like this. You may, but I reserve my enmity for Democrats and liberals.


78 posted on 02/18/2016 7:09:37 AM PST by Gaffer
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To: Gaffer
I don't take kindly to being misrepresented, I said it twice, and you seem to think it is hunky dory to misrepresent my position. After that, you blame ME for being pissed? Buzz off. You made an enemy, and as far as I'm concerned, you have a serious character flaw. I don't want you as a friend, acquaintance, or correspondent. You go your way, I'll go mine.
79 posted on 02/18/2016 7:14:25 AM PST by Cboldt
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To: 20yearsofinternet

Obama claimed to be from Kenya when running for the US Senate. The reason it hasn’t been an issue is that the Media won’t cover it and the courts would not hear the case. (not to mention the convenient demise of key people)


80 posted on 02/18/2016 7:40:09 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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