Sen. Ted Cruz' "birther" nightmare took a dramatic turn Friday after
a Texas lawyer filed the first lawsuit challenging his eligibility
to serve as president because he was born in Canada.
In court papers, attorney Newton Schwartz Sr. says he filed the
action because "the U.S. Constitution is not a popularity document
for fair weather only."
, was filed in federal court in Texas
Thursday and argues the question must be presented to the Supreme
Court for a fair shake instead of left up to popular opinion.
"This 229-year question has never been pled, presented to or finally
decided by or resolved by the U.S. Supreme Court. Only the U.S.
Supreme Court can finally decide, determine judicially and settle
this issue now," the lawsuit states.
"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."
Cruz, the son of an American mother and a Cuban father, was born
in Canada — a fact that Republican presidential front-runner
Donald Trump has gleefully made hay of in recent weeks.
Cruz's campaign insists he is eligible, but the suit argues that
a United States president must be a "natural-born citizen" — a
term whose definition the Supreme Court hasn't previously
considered.
During Thursday's GOP debate, Cruz insisted: "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 also argues that if his case is not heard, the question
of Cruz's eligibility could erupt into a contested election.
The 85-year-old lawyer told Bloomberg he's not linked to any
particular presidential campaign, but "probably" supports Sen.
Bernie Sanders of Vermont, who is challenging Hillary Clinton
for the Democratic presidential nomination.
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