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.