So much for Ted Cruz’s hometown support. A legal colleague in Houston has filed a federal lawsuit now taking up the point made by Donald Trump that Canadian-born Cruz is ineligible to be president of the United States.
The attorney causing the trouble back home is 85 year old Newton Schwartz, a veteran lawyer who has filed a 28 page petition to the Supreme Court to see if Cruz is a “natural born citizen” given his Canadian birth to his American mother and Cuban father.
Many lawyers believe the point is settled law, however it is something that has not been ruled upon by the Supreme Court and Cruz argues that because his mother is American, he became a U.S. citizen at birth. Various legal scholars have argued on both sides of the public debate in recent weeks.
As the Houston Chronicle reports:
“It is undisputed by, all legal scholars, there is no U.S. Supreme Court decision or precedent: determinative of the following agreed facts of this case and controversy. ‘Natural born citizen’ has never been defined,” the lawsuit states.
A registered voter since 1948, Schwartz said he has voted Democratic in presidential elections since he cast a ballot for Republican Richard Nixon in 1968.
“No one put me up to this,” he said.
He said he filed the case to avert a messy situation in which Cruz is deemed ineligible only after winning the Republican nomination or the presidency.
Cruz and Trump dealt with the issue again on the recent Republican debate when Trump again raised the issue. Cruz argued that though the Constitution hasn’t changed recently, his polling numbers have — driving Trump’s “birther” questions.