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Cruz moves to dismiss birther lawsuit against him

One of them, anyway.

Not Ted Cruz

Not Ted Cruz

Sen. Ted Cruz is striking back against doubters of his eligibility to be president, asking a federal judge Monday to dismiss a Texas lawsuit questioning his natural born citizenship.

The suit, filed by Houston attorney Newton Schwartz in January, argued that the U.S. Supreme Court has never defined what constitutes natural born citizenship and must settle whether Canadian-born Cruz is eligible for the nation’s highest office.

Cruz’s motion to dismiss the case contended that Schwartz has voted as a Democrat and has no standing to sue, and that Cruz’s presidential eligibility is already settled.

“Every reliable source from the time of the writing of the U.S. Constitution confirms that a person who was a U.S. citizen at birth — like Senator Cruz — is a ‘natural born citizen’ eligible to serve as president,” Cruz’s attorneys wrote in the motion. “It is inconceivable that the Framers intended to exclude a U.S. citizen at birth from holding the office of President, simply because of where he or she happened to be born.”

Schwartz has sought to expedite the case, citing the upcoming Super Tuesday primaries in which Cruz appears on Republican primary ballots. He said the stakes have only risen with the Feb. 13 death of U.S. Supreme Court Justice Antonin Scalia, which has tipped the ideological balance of the court.

See here for the background. A copy of Cruz’s motion is embedded in the TrailBlazers story. Cruz faces at least one other such lawsuit, so even if this one does get dismissed, he still has work to do. I Am Not A Lawyer, but I don’t believe there’s any real merit in this suit, and even if I did I believe the whole “natural born citizen” thing is a relic that ought to be changed. Be that as it may, I’m not sure what Newton Schwartz’s voting history has anything to do with this – he’s also voted Republican, for what it’s worth, and could vote in this Republican primary if he wanted to – and to say the least, the legal question about Cruz’s eligibility is hardly settled. But hey, that’s his problem, and it’s one he’s richly earned. Have fun with that, Ted.

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  1. Bill Daniels says:

    I believe Ted has a significant “birther” problem. Remember when Obama was frantically trying to prove he was born in Hawaii rather than in Kenya? Why was it so important to prove that if being born in Kenya was no problem? No one disputed that his mother was a US citizen. Yet, he had to claim he was born in Hawaii in order to pass muster.

    All this matters, unless of course, we ignore the Constitution, yet again.

    For what it’s worth, this confirmed Libertarian early voted for Trump. He will be my first winning presidential candidate, ever.

  2. Manuel says:

    As one very smart dude stated, there ain’t enough morons in the United States to elect Trump.

  3. Bill Daniels says:


    I agree. Thankfully, there are enough smart people who are also tired of business as usual who vote, to put him over the top.

    8 years of Bush made people crave something extreme and opposite. And now, after 8 years of fundamental transformation, people again have had enough and are gravitating to the opposite extreme…..thus the popularity of Trump and Cruz. Even Sanders popularity can be attributed to the failings of both the Pubs and the Dems.

  4. Manuel says:

    Bill I understand why people are mad, especially the “poorly educated” that Trump loves. They see jobs going overseas, they see “illegals” doing jobs they could do (they still can but it is hard to compete with them when it comes to menial labor as the wage they are willing to work, they see people coming from Asia with H 1B visas taking jobs that they could have been educated to take.

    There are many morons on both sides of the aisle and the controllers have think tanks planning things out as to how best to manipulate the multitudes, they also control the media. We are F—Ked.

  5. voter_worker says:

    Bill Daniels, I can’t say that I hope your wish comes true to have voted for a Presidential winner, but I know the feeling. My first winner was Barack Obama after two-and-a-half decades of steady third-party voting. I’m not voting in the Primary and thus can sign a worthy third-party petition if presented with the opportunity; in November I’ll vote for the Democratic Party nominee. My response to all the outrage about a rigged system manipulated by the moneyed interests, media and think tanks is “Tell me something new that I haven’t known since I was 30.” I really don’t remember any golden age when that wasn’t the case.

  6. Manuel says:

    Voter Worker the system has always been rigged but the degree of manipulation has varied throughout history. Last time that it may have reached this level probably was in the late 1800s. early 1900s.