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Thread: Texas attorney files lawsuit on Cruz eligibility; shocked the Senator didn’t file to

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  1. #1
    Super Moderator Newmexican's Avatar
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    Texas attorney files lawsuit on Cruz eligibility; shocked the Senator didn’t file to

    Texas attorney files lawsuit on Cruz eligibility; shocked the Senator didn’t file to protect himself

    Wayn
    e Dupree

    01/15/2015
    Breaking News, Election 2016

    On Thursday, a Texas lawyer filed a lawsuit challenging Canadian-born Senator Ted Cruz on whether he should be disqualified from representing the GOP based on ‘natural-born citizen.’

    Cruz and GOP front-runner Donald Trump went back and forth after the moderator posed the question to Cruz about his eligibility. Cruz then turned the question towards Trump. When the smoke cleared, Cruz said he doesn’t need legal advice from Trump,
    therefore, Cruz is not worried he can defend these questions about his birth.

    The bigger issue from those thinking clearly is if Cruz does get the nomination, will he be damaged in the eyes of Democratic voters and will he have any crossover appeal after Republicans hounded Barack Obama on his birth certificate for years.

    From Bloomberg :
    The suit seeks a court definition of the term to clarify whether Republican Cruz — who was born in Canada to an American mother — can or can’t serve if elected.

    “This 229-year question has never been pled, presented to or finally decided by or resolved by the U.S. Supreme Court,” Houston attorney Newton B. Schwartz Sr. said in his 28-page complaint. “Only the U.S. Supreme Court can finally decide, determine judicially and settle this issue now.”

    Claiming that “time is of the essence” because of the rapidly approaching Iowa caucuses and March 1 Super Tuesday primaries, Schwartz asked that the case be expedited for resolution by the nation’s highest court as soon as possible.

    Schwartz, 85, said in a phone interview he isn’t connected to any particular campaign, though he personally “probably” supports Bernie Sanders, the Vermont senator seeking the Democratic nomination.

    “Honestly, I was watching C-SPAN one night when Donald Trump was talking about it and I couldn’t believe no one had thought to just file something with the court,” said Schwartz, a practicing trial attorney and self-described news junkie.

    ‘Simple Procedure’
    “It’s such a simple procedure — I’m amazed no one did it,” Schwartz said. “Senator Cruz should have filed it himself to avoid the question.”

    Schwartz said he filed the paperwork himself with no one else advising him and he said he does not have an opinion for which way the court should rule.

    “The country will be in chaos if he’s elected president or vice president and this goes to trial then,” Schwartz said. “I can see both sides of this argument.”

    The attorney added that he’s got “nothing against” Cruz.

    “If he gets cleared, he gets cleared,” Schwartz said. “Let’s just get this thing settled before the primaries and the convention and the election.”

    There are two more congressmen who have already said they were going to bring suit if (1) Cruz is nominated while the other (2) If Cruz is elected. What do you have to say about this development? Share your thoughts below.

    http://newsninja2012.com/texas-attor...otect-himself/

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  2. #2
    Super Moderator Newmexican's Avatar
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    Cruz’s ‘Natural-Born Citizen’ Status Tested in Birther Suit

    Laurel Brubaker Calkins and Kevin Cirilli


    • Houston attorney files challenge against Canadian-born senator
    • Case presented as 229-year-old question for U.S. Supreme Court


    Republican presidential contender Ted Cruz should be disqualified from the race because he isn’t a “natural-born citizen,” a fellow Texan claims in a “birther” challenge filed against the senator in a U.S. court.

    The suit seeks a court definition of the term to clarify whether Cruz -- who was born in Canada to an American mother -- can or can’t serve if elected.

    “This 229-year question has never been pled, presented to or finally decided by or resolved by the U.S. Supreme Court,” Houston attorney Newton B. Schwartz Sr. said in his 28-page complaint. “Only the U.S. Supreme Court can finally decide, determine judicially and settle this issue now.”

    Claiming that “time is of the essence” because of the rapidly approaching Iowa caucuses and March 1 Super Tuesday primaries, Schwartz asked that the case be expedited for resolution by the nation’s highest court as soon as possible.

    Republican front-runner Donald Trump pressed the issue during a televised candidate debate Thursday evening in South Carolina, saying he’s bringing up Cruz’s Canadian birthplace “because now he’s doing a little bit better” in the polls. Trump insisted that Cruz receive a judgment from the courts because it would be bad for Republicans to have the issue hanging over their presidential or vice-presidential nominee.

    “There is a big overhang. A big question mark on your head,” Trump told Cruz. “You can’t do that to the party.”

    Cruz Chuckled

    Cruz chuckled when asked to respond to Trump’s taunts and swatted them away deftly. Trump, on the other end of the exchange, faced many boos from the crowd.

    “There’s nothing to this birther issue,” Cruz said during the debate, noting that Trump said last fall that he was a natural-born citizen. “Since September, the Constitution hasn’t changed. But the poll numbers have. I recognize that Donald is dismayed that his poll numbers are falling in Iowa. But the facts and the law are really clear. Under longstanding U.S. law, the child of a U.S. citizen abroad is a natural born citizen.”

    Schwartz, 85, said in a phone interview he isn’t connected to any particular campaign, though he personally “probably” supports Bernie Sanders, the Vermont senator seeking the Democratic nomination.

    “Honestly, I was watching C-SPAN one night when Donald Trump was talking about it and I couldn’t believe no one had thought to just file something with the court,” said Schwartz, a practicing trial attorney and self-described news junkie.

    ‘Simple Procedure’

    “It’s such a simple procedure -- I’m amazed no one did it,” Schwartz said. “Senator Cruz should have filed it himself to avoid the question.”

    Asked about the lawsuit, Catherine Frazier, a spokeswoman for the Cruz campaign, said: “I’d refer you to the debate exchange on the issue.”

    Schwartz said he filed the paperwork himself with no one else advising him and he said he does not have an opinion for which way the court should rule.

    “The country will be in chaos if he’s elected president or vice president and this goes to trial then,” Schwartz said. “I can see both sides of this argument.”

    The attorney added that he’s got “nothing against” Cruz.

    “If he gets cleared, he gets cleared,” Schwartz said. “Let’s just get this thing settled before the primaries and the convention and the election.”

    The case is Schwartz v. Cruz, 4:16-cv-00106, U.S. District Court, Southern District of Texas (Houston).January 14, 2016 — 7:30 PM CSTUpdated on January 14, 2016 — 9:25 PM CST

    http://www.bloomberg.com/news/articl...n-birther-suit



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  3. #3
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    “It’s such a simple procedure -- I’m amazed no one did it,” Schwartz said. “Senator Cruz should have filed it himself to avoid the question.”


    Maybe Ted Cruz should seek legal advice from Donald J Trump after all.
    JohnK likes this.

  4. #4
    MW
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    The lawsuit is a frivolous waste of time and will more than likely be dropped due to lack of standing by the petitioner.
    Newmexican likes this.

    "The only thing necessary for the triumph of evil is for good men to do nothing" ** Edmund Burke**

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  5. #5
    Senior Member JohnDoe2's Avatar
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    Attorney files 'birther' lawsuit against Cruz

    By Ben Kamisar


    Getty Images

    A Texas attorney has filed a lawsuit questioning Ted Cruz’s eligibility to serve as president.


    The federal case filed in Texas argues that the question must be presented to the Supreme Court for fair adjudication instead of left up to popular consensus.


    “The U.S. Constitution is not a popularity document for fair weather only,” says the lawsuit filed by Newton Schwartz.
    “However persuasive one finds each side in this debate, the final decision ultimately rests in the hands of five or more of nine Justices on the Supreme Court as mandated by the Constitution.”

    Bloomberg News first reported on the suit, which challenges Cruz’s standing because he was born in Canada to an American mother.


    The suit argues that the constitutional mandate that the president must be a “natural-born citizen” has never been settled in court and warned that the “mounting questionings crescendo” must be settled as soon as possible. It goes on to note the “persistent doubt” about President Obama’s eligibility.


    In his closing, Schwartz warns that the failure to hear the case could amount to another Bush v. Gore situation, where a contested election ended up in the hands of the Supreme Court.


    Donald Trump has repeatedly questioned Cruz’s eligibility for the White House in the run-up to the Iowa caucuses, on Feb. 1. The two sparred over the issue during Thursday night’s debate, with Trump warning that the threat of similar lawsuits could jeopardize the Texas senator's bid.


    But Cruz shot back by arguing that by the most extreme “birther” theories, Trump himself wouldn’t be eligible because his mother was born in Scotland.


    Critics have also filed a suit in Florida questioning Marco Rubio’s eligibility, arguing that he’s ineligible because his parents were both not citizens at his time of birth in Miami. Rubio’s lawyers rebutted that argument in a legal filing this week.

    http://thehill.com/blogs/ballot-box/...t-against-cruz

    Judy, JohnK and Newmexican like this.
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  6. #6
    Senior Member JohnDoe2's Avatar
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  8. #8
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    No, Ted Cruz and Marco Rubio are not natural born citizens.

    Voters decide.

    Stand your ground, Americans. Stand your ground.
    JohnK likes this.

  9. #9
    Senior Member JohnDoe2's Avatar
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    2/12/16

    AL. Federal 'birther' lawsuit challenges Canadian-born Ted Cruz's eligibility
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