His role is not to rule so that the decision on constitutionality is made by the SCOTUS The only court who can settle this
THUS he will rule to move it upward to higher court
ANY ruling moves it to a higher court. The one most likely to get attention is the controversial one, that Cruz is NOT eligible. That would surely be appealed!! But that is not the ruling he will make. This issue has to die, and the less public attention the case gets, the better.