He is just saying Cuz’s lawyers think it is fine. Democrats would disagree and go to SCOTUS. I hope Cruz’s layers are right.
Right and wrong have nothing to do with it. We've entered the twilight zone. Laws have no solid meaning, they now exist in a state of quantum superposition flux. They mean whatever the judge feels like when he/she/it wakes up in the morning, and then only till he/she/it changes his mind.
I see in history two cases that seriously threaten Ted Cruz's position, but in this topsy-turvey world of legal made up nonsense with no consistent meaning, they may not amount to anything.
One of the cases is Wong Kim Ark, and the other is Rogers v Bellei.