No Federal Court can take this case, for at least three reasons:
1. Nothing to adjudicate: There must be a justiciable dispute; “The parties must not be seeking an advisory opinion.â€
2. No standing: A party to a suit must have suffered actual injury. Where’s the injury?
3. Political Question: “The suit must not be seeking judgment upon a political question.â€
https://en.wikipedia.org/wiki/Justiciability
John, I am no legal expert, but people in this country can and do sue over just about anything. Donald Trump has spent a lot of his own money and he claims that Ted Cruz who he believes to be an ineligible candidate has already caused irreparable harm to his candidacy and reputation through what he characterizes as lies. He has made numerous warnings that he is going to sue if Ted does not cease and desist.
So he has:
1. Something to adjudicate.
2. He can demonstrate injury and has standing.
3. This is not a political question... it is a constitutional question.
Will he ultimately win... with a 5 to 4 conservative majority on the Supreme Court... probably not. With a deadlocked court and a panel of liberal judges from the 9th Circuit hearing the obligatory appeal... who knows? From my experience the judges will go with their political inclinations and construct legal justifications. This will most likely mean 2 judges to 1 judge ruling against Cruz and the Supreme Court deadlocked.