Texas-filed birther lawsuit against Ted Cruz dismissed

No surprise.

Not Ted Cruz

Not Ted Cruz

A Houston federal judge tossed out a lawsuit Wednesday that challenged Texas Sen. Ted Cruz’s eligibility to run for president.

U.S. District Judge Gray H. Miller dismissed the suit with prejudice, meaning that Houston lawyer Boris Schwartz cannot file the suit again. He found that Schwartz, as a citizen and taxpayer in Texas, had no legal standing to bring the case.

Schwartz, who is 85 and wore an American flag lapel pin with a red, white and blue striped tie, had asked the judge during oral arguments Wednesday morning to rule as swiftly as possible.

He said he planned to buy an airline ticket as soon as the judge handed down an order for dismissal so he could file an appeal in person at the Fifth Circuit Court of Appeals in New Orleans.


The judge heard arguments Wednesday morning and didn’t mince words about dismissing the case.

“It seems to me the weight of authority is on the side of dismissal for standing,” Schwartz said, after Schwartz finished his argument.

See here and here for the background. Not sure where the “Boris” came from; in earlier stories, the litigant was identified as Newton Schwartz. Regardless, similar lawsuits have been dismissed in other states, with one of those plaintiffs petitioning the Supreme Court for a hearing. While anything is possible, I don’t expect them or the Fifth Circuit to touch this. Any lawyers out there see it differently?

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