A Texas attorney filed a federal lawsuit on Thursday challenging Cruz's eligibility to run for president. It was based on the theory advocated by Trump that he may not be a natural-born citizen.
CNN reported that The Cruz lawsuit, filed in Texas on Thursday by Newton Boris Schwartz Sr., elevates legal doubt. The uncertainty roots in whether Cruz meets the criteria for the constitutional prerequisite that a president be "a natural-born citizen" because he was born in Canada. Cruz was presented an American citizenship at birth because his mother is an American citizen. Legal experts have mainly settled that would make him eligible for natural-born citizenship. The Texas Republican was born in Calgary, Alberta, Canada, and also had Canadian citizenship until he renounced it in 2014.
According to Fox5NY Schwartz stated in his lawsuit that "It is undisputed, by all legal scholars, there is no U.S. Supreme Court decision or precedent: determinative of the following agreed facts of this case and controversy." He further explained that 'Natural born citizen' has never been defined in any court rule or decision. Schwartz also cited legal theorists, counting Harvard law professor Laurence Tribe.
Schwartz has said that the issue is a serious one and substantial question is at hand, said Truth In Media. He also said that he is trying to get it done as rapidly as it can to evade a useless election. He further elaborated that if Cruz will be Trump's vice president and he's later found disqualified everything will be void and the elections has to be repeated.
Sen. Ted Cruz counter attacked the lawsuit and said there is nothing to be debated or investigated about. It is in the U.S. law that the child of a U.S. citizen abroad is a natural born citizen. The law states it clear that he can run for president because he is a U.S. citizen.
The Texas attorney explained that he only wants everything to be clear. If Ted Cruz will be cleared then he is. Schwartz said he is expecting to lose his case before the Fifth Circuit Court of Appeals in New Orleans but thinks that it will then be taken up by the U.S. Supreme Court.