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‘Birther’ suit against Cruz heads to the Supreme Court

The Supreme Court will hear a case challenging Ted Cruz’s eligibility to run for president. However, it’s not expected to go anywhere. Former Utah lawyer, Walter Wagner, claims that Cruz does not meet the Constitution’s requirement that a president must be a “natural born” citizen. Cruz was born in Canada, and Wager contends that fails the natural born test.

Wagner sued in January, arguing that Cruz’s birth on Canadian soil disqualifies him from the presidency because the U.S. Constitution requires the nation be led by a “natural born citizen.” Similar cases have been filed in states including Alabama, Florida, Illinois and New York, so far without success. Cruz’s request to dismiss a Texas case is set for a hearing next week. The issue of Cruz’s birth gained traction after Republican front-runner Donald Trump questioned the senator’s eligibility in televised interviews. The real-estate mogul argued the uncertainty could lead to a yearslong court battle if Cruz won the Republican nomination. Many legal experts contend Cruz is eligible for the presidency because his mother was an American citizen when he was born.

U.S. District Judge Jill Parrish in Salt Lake City tossed out Wagner’s case on March 18, ruling he lacked standing to file suit because he hadn’t been personally harmed by Cruz, the junior senator from Texas. “Like the courts that have ruled on this question, this court holds that Mr. Wagner lacks standing to bring his claim,” Parrish said in her ruling. “It is not enough for an individual to bring a lawsuit based on his status as a ‘citizen’ or a ‘taxpayer,'” Parrish said in her ruling. “The harms alleged by Mr. Wagner are conjectural and hypothetical at best.”

Cases filed in New Hampshire, Arkansas, Alabama and Texas have also been tossed out on standing grounds., the Pennsylvania Supreme Court, in a brief unsigned order, upheld a trial judge’s ruling that reached the merits of the issue and found that Cruz met the Constitution’s requirement.


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