The case is Schwartz v. Cruz, 4:16-cv-00106, U.S. District Court, Southern District of Texas (Houston) – and the suit was filed yesterday. An 85-year-old lawyer, who claims no party affiliation, has filed a 28 page complaint with the U.S. District Court seeking expedited determination of the eligibility of Senator Ted Cruz to be President of The United States.
(Via Bloomberg) 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.” (read more)