'Natural born citizen' issue requires Ted Cruz's recusal in vote on SCOTUS nominee, op-ed says
Sen. Ted Cruz. Rich Koele / Shutterstock.com
GOP presidential candidate Ted Cruz should recuse himself in any future Senate Judiciary Committee vote on a nominee to replace Antonin Scalia, according to a law professor’s op-ed.
Cruz has a conflict of interest because of questions surrounding his eligibility to serve as president, according to the CNN op-ed by Northwestern University law professor Steven Lubet. Cruz is the only remaining GOP presidential contender with a seat on the committee.
The issue is whether Cruz is a “natural born citizen” as required by the Constitution to serve as president. He was born in Canada to woman who was a U.S. citizen.
“It is far from a given that Cruz is constitutionally qualified to be president, and his status, if nominated, is sure to be challenged in court,” Lubet wrote. “Such a case would ultimately reach the U.S. Supreme Court, which gives Cruz a unique stake in filling the current vacancy. If Cruz were to remain an active member of the Judiciary Committee, he would actually have a chance to interrogate—and to vote upon—his own potential judge,” Lubet writes.
Though Cruz would likely refrain from asking a nominee about the meaning of “natural born citizen,” he could pose other questions about constitutional interpretation that could provide hints of the nominee’s views on the issue, Lubet says.
Senate rules don’t directly address such a situation. But Lubet nonetheless sees a conflict of interest.
“I have no firm opinion on whether Ted Cruz is a natural born citizen and thus eligible to be elected president,” Lubet writes. “But I do know that he should not be allowed to select—or de-select—his own judge when the decision on his presidential future may well hang in the balance.”
