Constitutional Law

Texas suit challenging Ted Cruz's eligibility for presidency tossed by judge

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A federal judge in Houston said on Wednesday that he will dismiss a lawsuit claiming Ted Cruz is not a natural-born citizen and cannot be president under the U.S. Constitution.

U.S. District Judge Gray Miller said Houston solo practitioner Newton Schwartz did not have standing to sue, report Texas Lawyer (sub. req.) and the Houston Chronicle. Miller spoke during a hearing on a motion to dismiss by Cruz’s lawyer.

Federal judges also tossed suits challenging Cruz’s eligibility in New York, New Hampshire, Utah and Arkansas, according to the Houston Chronicle. Still pending are suits in Alabama federal court and seven states. Meanwhile, a law professor who wants to challenge Cruz’s eligibility hopes to overcome standing objections by entering the GOP presidential primary as a write-in candidate in nine states.

Schwartz, who has practiced law for 63 years, appeared in court wearing an American flag lapel pin and a red, white and blue tie, according to the Houston Chronicle account. Schwartz had argued he has standing as a voter and taxpayer. He maintains Cruz, who was born in Canada to a mother who is a U.S. citizen, isn’t a natural-born citizen.

Cruz’s lawyer, Layne Kruse of Norton Rose Fulbright, disagreed with Schwartz’s constitutional argument. But during the hearing on Wednesday, he focused on procedural issues. He argued that Schwartz lacked standing, and any challenges to candidate eligibility should be determined by the electoral college and the legislative branch.

After the hearing, Schwartz said he already had a notice of appeal ready to file.

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