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Trump supporters file 'birther' lawsuit against Cruz in federal court
The Hill ^ | 02/12/2016 | Bradford Richardson

Posted on 02/12/2016 11:22:56 AM PST by GIdget2004

Donald Trump supporters have filed a lawsuit challenging the eligibility of one of his primary rivals, Sen. Ted Cruz (R-Texas), to run for president.

The lawsuit, filed Feb. 3 at a district court in Alabama, seeks a judgment "declaring that Rafael Edward Cruz is ineligible to qualify/run/seek and be elected to the Office of the President of the United States of America" due to his Canadian birth. Cruz was born in Calgary, Canada, to an American mother.

The five plaintiffs — Sebastian Green, Shannon Duncan, Kathryn Spears, Kyle Spears and Jerry Parker — are all backing Trump in the Republican primary, according to AL.com.

(Excerpt) Read more at thehill.com ...


TOPICS: Canada; News/Current Events; Politics/Elections; US: Alabama
KEYWORDS: birthers; birthorama; cruz; cruznbc; nostanding; orly; repositorycruz; tinfoilhat; trump; trumpkoolaid; ufocrowd
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To: CrosscutSaw

LOL which Trump are we supposed to believe?

http://therightscoop.com/heres-the-video-of-trump-saying-in-september-tedcruz-was-perfectly-eligible-to-run-for-president/

I think there will be no Trump suit because he already knows that Cruz is eligible. But he sure has fun bringing it up now and then to stir the pot.


221 posted on 02/12/2016 1:43:11 PM PST by RedWhiteBlue (Mama tried)
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To: CA Conservative
Most people don't understand how difficult it can be to get a case to the federal court, especially if that case is political in nature

So why didn't Cruz get that process in motion when he became interested in running for President? Why couldn't he start now, when Trump announced his run, and get it settled in the next four years? I can't imagine Mr. Trump wanting to be President for longer that that.

What is Cruz's hurry? If he got it settled over the next four years, he'd become President of country turning around to a better direction, and with a lot of the DC garbage cleaned out.

222 posted on 02/12/2016 1:48:33 PM PST by grania
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To: truth_seeker

reality and history does not support those conclusions


223 posted on 02/12/2016 1:48:42 PM PST by Cletus.D.Yokel (Catastrophic Anthropogenic Climate Alterations: The acronym defines the science.)
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To: Cletus.D.Yokel

“reality and history does not support those conclusions”

Okay then lay it out song and verse.

I say that I live in reality, and you appear to be living in delusional fantasy.


224 posted on 02/12/2016 1:51:16 PM PST by truth_seeker
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To: dartuser; CA Conservative

“To have standing, you have to be able to articulate an injury that you will suffer that is distinct from a generalized claim of injury to the public at large...”

What if you had donated to Cruz and then find out he’s not eligible and that he knew it? Would you not have suffered a specific injury not generalized to the public at large?


225 posted on 02/12/2016 1:53:13 PM PST by Larry - Moe and Curly (Loose lips sink ships.)
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To: Maelstrom

Trump’s mother was a US citizen at the time of his birth on US soil.


226 posted on 02/12/2016 1:54:33 PM PST by nclaurel
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To: truth_seeker

(a) The Arthur controversy has been worn raw, even yet on FR.
He was born a foreign “dual” citizen and concealed such during his campaign.

(b)By his own admission, Obama indicated he was born a citizen of Kenya to a Kenyan father.

The Constitution has been compromised by BOTH. We cannot go back.

Cruz, thereby, is fully eligible for POTUS
...as would likewise be my brother-in-law who was born of a German national mother / American-citizen father in a German hospital during the occupancy of Germany.

“Natural-born” no longer has meaning.


227 posted on 02/12/2016 2:01:55 PM PST by Cletus.D.Yokel (Catastrophic Anthropogenic Climate Alterations: The acronym defines the science.)
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To: DiogenesLamp
Context is always helpful.

The Report appears in the Congressional Globe of the 28th Congress, beginning on page 129.



The Naturalization Act of 1802 (2 Stat. 153)





228 posted on 02/12/2016 2:04:37 PM PST by Ray76
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To: grania
So why didn't Cruz get that process in motion when he became interested in running for President? Why couldn't he start now, when Trump announced his run, and get it settled in the next four years?

Who would he sue? You can't just go into court and ask for an opinion. There has to be a case or controversy - a plaintiff and a defendant. Exactly who could Cruz sue over this issue, especially since his position is that there is no issue in the first place? What injury would he allege?

229 posted on 02/12/2016 2:06:48 PM PST by CA Conservative (Texan by birth, Californian by circumstance)
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To: Larry - Moe and Curly
What if you had donated to Cruz and then find out he's not eligible and that he knew it? Would you not have suffered a specific injury not generalized to the public at large?

For that to be an injury suitable to get in front of a court, the issue of his eligibility would already have to be settled, and the outcome go against Cruz. Otherwise, any injury is still speculative.

230 posted on 02/12/2016 2:08:56 PM PST by CA Conservative (Texan by birth, Californian by circumstance)
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To: Springfield Reformer

There are several problems here. First, the Supreme Court did take up a very closely related set of questions in a 1971 case. (That would be the year after Cruz was born.) In that case — Rogers v. Bellei — involved a man born in Italy to an Italian father and a U.S. citizen mother and deemed a natural-born U.S. citizen. The man obtained a passport as a child, traveled to the United States many times and even registered with Selective Service when required (making himself available in the event of a U.S. military draft). But the man never met a requirement that those with dual citizenship live inside the United States for at least five years by the age of 28. American officials warned Aldo Bellei about this requirement several times, including the last time he renewed his U.S. passport. He didn’t meet it. His citizenship was revoked. He sued the then Nixon administration’s secretary of state, William P. Rogers. A lower court ruled in Bellei’s favor. The U.S. Supreme Court ruled against him. Bellei’s days as a U.S. citizen were no more.

Now, the Cruz campaign made the case to The Fix that Rogers v. Bellei defined the term “natural-born citizen.” To this, we have to say, not quite. But it’s pretty easy to see that, at least by the standard identified by the Supreme Court in Rogers v. Bellei, Cruz has been a natural-born citizen since birth and has more than met the requirements to sustain that in ways that Bellei did not.

https://www.washingtonpost.com/news/the-fix/wp/2016/01/28/whats-really-propping-up-ted-cruz-birtherism-falsehoods-ideas-about-race-and-donald-trump/


231 posted on 02/12/2016 2:17:04 PM PST by Bob434
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To: sickoflibs

0bunghole is a lying usurper using fake ID/nationality/parentage.

What is idiocy is allowing it all to continue unabated.


232 posted on 02/12/2016 2:17:27 PM PST by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue Ht the testing point. CSLewis)
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To: Bob434

Thanks for the laugh.


233 posted on 02/12/2016 2:25:49 PM PST by Ray76
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To: Springfield Reformer

[[He filed suit to prevent the Secretary of State from carrying out and enforcing the residency requirement claiming that it violated due process under the U.S. Constitution. The U.S. District Court for the District of Columbia agreed with Mr. Bellei and ruled that § 301(b) was unconstitutional.

The State Department appealed and the U.S. Supreme Court reversed the lower court ruling holding that the citizenship clause of U.S. Constitutional Amendment XIV did not apply to citizenship by birth abroad to an American parent. Further, that Congress’ imposition under § 301(b) of a condition subsequent to citizenship was not unreasonable, arbitrary, or unlawful.]]

http://www.washingtontimes.com/news/2016/jan/13/susan-carleson-should-settle-cruz-eligibility-trum/?page=all

The Bellei case it seems is about whether a person with dual citizenship has requirements they must meet in order to remain a US citizen- The lower court agreed with Bellei that citizens do not- but the supreme court stepped in and said- essentially, ‘Sorry- but citizens do have requirements in order to remain citizens, and Bellei did not meet those requirements- therefore Mr. Bellei loses his citizenship’

[[The statute governing Cruz is: 8 U.S.C. Sec. 1401:

“The following shall be nationals and citizens of the United States at birth:

g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years.”]]

Same link


234 posted on 02/12/2016 2:29:27 PM PST by Bob434
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To: CA Conservative
You can't just go to a court and as for an opinion

You can't? If that's the case, it's a crime beyond comprehension that Romney didn't file while he was running. And add to that, didn't McCain get something done in the US Senate that spelled out that because he was born on US controlled military territory, he was eligible?

I really don't get it why someone else running for that office wouldn't have standing.

235 posted on 02/12/2016 2:31:36 PM PST by grania
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To: grania
I really don't get it why someone else running for that office wouldn't have standing.

They might. If Trump is serious, he should sue - he has as much chance of having standing as anyone. But even if he has standing, the court might not consider the issue "ripe". But he'll never know unless he tries. Heck, if he really believes Ted is not eligible, isn't it his DUTY to sue and prevent the possible nomination of someone ineligible?

236 posted on 02/12/2016 2:36:16 PM PST by CA Conservative (Texan by birth, Californian by circumstance)
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To: Bob434

[[Note: You may already be a U.S. citizen and not need to apply for naturalization if your biological or adoptive parent(s) became a U.S. citizen before you reached the age of 18. For more information, visit our Citizenship Through Parents page.]]

https://www.uscis.gov/us-citizenship/citizenship-through-naturalization


237 posted on 02/12/2016 2:55:50 PM PST by Bob434
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To: Suz in AZ

Really .. and you still don’t know that a child born to an American Citizen is also considered an American Citizen .. no matter where they’re born ..?????????????????

Amazing!


238 posted on 02/12/2016 3:31:23 PM PST by CyberAnt ("The Fields are White Unto Harvest")
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To: Cboldt
Other than an objection by Hillary There was not one.....The democrats questioned McCain in the Senate which stated that a NBC is someone born of 2 American citizen parents...... Cruz will most certainty be questioned by the Democrats and the Senate will apply the same standard. The Courts will also apply that standard. Cruz has no pedigree. He is a mutt. It's just as simple as that! No eligibility whatsoever........The founders in Article II were trying to prevent someone like Cruz from becoming President because of his uncertain loyalty. USA or Canada???????
239 posted on 02/12/2016 4:02:40 PM PST by Forty-Niner
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To: Springfield Reformer

Have you figured what is is?


240 posted on 02/12/2016 4:05:04 PM PST by Forty-Niner
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