Lee clerked for Justice David “In the closet” Souter.
Cruz clerked for Chief Justice Rehnquist.
I’d hazard a guess that Lee’s analysis is colored both by left-wing political views and a personal axe to grind.
Harvard Legal Prof. Larry Tribe, a real heavyweight says its an open question.
Hey this guy Tribe is one of the top constitutional legal scholars, I think Ted should get it decided, and not just dismiss a challenge.
I would love to see Ted serve. But first things first.