Illinois reviewed your question.
They said he could appear on the ballot.
Let’s try cheering for the home team.
Cruz is the most conservative candidate running.
Illinois is Obama’s home state. It is an excellent test of your question.
Now is the time to support Ted Cruz.
I think it would depend on whose head would explode more dramatically. Hillarys or Trumps.
Non-starter. Cruz ia a NBC.
When the Supreme Court is split the lower court’s decision stands. People are so focused on fighting about Trump vs. Cruz that most seem to be overlooking the significance of the shift in the balance of the Supreme Court that has just taken place and its possible effect on the outcome of the election if Cruz prevails.
Because you've only been here 11 years?
As I recall, it is extremely difficult to achieve “standing” in order to bring such a suit, at least for a Republican. Maybe if you are a Democrat the rules change?
There could be 40 frivolous lawsuits... and that just Trump and his various bands of supporters this week. Please nobody boo them, or that number may double.
Cruz would still need 270 electoral votes regardless of what the courts decided.
It is up to congress to determine if Cruz is eligible. If they deem that he is not eligible, then the VP becomes president. The courts do not have jurisdiction.
VIDEO: THIS is why Cruz and Rubio didn’t attempt to have a court decide their eligibility in the past. They would have been ruled ineligible!
http://powderedwigsociety.com/eligibility-of-cruz-and-rubio/#
It won’t even get into district court, let alone an appellate court.
The Courts ENTIRELY lack jurisdiction, for several reasons, not the least of which is that there is no law that can be said to have been broken. This is a political issue, not a legal one.
It would cause a constitutional crisis which would then go into full blown civil war in a matter of 2-3 months.
The only way to fix things now is cleansing with fire.
Imagine if you will a world where the loser is the winner. :-)
So some head winds in this discussion.
First is the issue of effect in that in order for there to be a viable suit, there has to be a harmful effect aka standing. The first chance that I see this happening would be after Sen Cruz has been made the nominee. From there, it is possible that another candidate could sue but they would have to sue the party. Courts have be very reluctant to take such a case.
So this then sets up the next barrier which would be that the suit would be brought before a state election board. Again, this would be hard to over come the precedent set by the State of Illinois board of elections.
So lets assume the state rules in Sen Cruz’s favor and now we have the first chance to bring to a federal level. Got to get on the docket and NORMALLY would have to wait its turn to be heard. This can take several months and might just push it out beyond the convention date.
Now assume that this happens in two different states and both get to the federal level. I am told that when there are parallel law suits, that there is an attempt to combine them if possible. I am no legal expert but I imagine that this would further delay the ruling.
Now once there is a difference between two districts, then there is a “requirement” for SCOTUS to make a determination, but this still need to get into the SCOTUS docket. Argument calendars are set at least 2 to 3 months out for SCOTUS. This is to allow time for both sides to develop their briefs and to allow for amicus curie briefs to be filed. These have to be reviewed and a date for arguments set.
After some time for arguments, the justices then go off, write up their opinions, compare notes and attempt to sway others to their viewpoint. Again this takes time.
So I am of the opinion that there is not enough time for this to happen before the election. Because one side could be irrecoverably harmed by a ruling to remove the candidate from the ballot, I am of the opinion that the courts would issue a stay to allow the election to take place.
Just my opinions here.
“If Ted Cruz is the Republican nominee”; all will be happy in the world.
Donald Trump will end his business career, shave his head, and join the singing group Up With People.
Note further that legal challenges to Cruz's candidacy have been filed in five states -- Iowa, New Hampshire, South Carolina, Nevada and Illinois. All have been rejected.
However, the technical answer to your question is that, in the event of a SCOTUS tie, the individual Circuit Court decisions would be left standing -- but they would apply only within the geography of that particular circuit.
South Carolina allowed Cruz on their ballot for the primaries.... so that’s four states that have already de facto, ruled that he is eligible — Illinois, New Hampshire ( the Board of Elections of these two states have OFFICIALLY given their decision that they deem him to be Natural born ).
Iowa did implicitly by not contesting his delegates when he won there.
South Carolina still has the chance now but nothing has ever been filed in court or at their elections board regarding this issue ( other than Trump’s verbal fulminations ).
If there are any more issues, now is the time for other states to file suit to stop his name from being in the primaries.
It is virtually impossible to be a natural born citizen of Canada and a natural born citizen of the United States. In what universe would that make sense?
The prosecutor would show evidence that Ted Cruz's mother naturalized as a Canadian citizen prior to Ted's birth; at a time when neither Canada nor the USA recognized dual citizenship; thus, Ted was born a Canadian citizen, solely.
Ted Cruz's team could respond with some evidence that he was naturalized as a US citizen some "x" years after his birth. He gets to keep his fraudulently acquired US Senate seat. Otherwise, he must be removed from the US Senate.
Regardless, Ted Cruz would not be eligible for the office of US president under any circumstances. Of course, that hasn't stopped odinga.
His lack of NBC status will be irrelevant. Hillary will run non stop ads which won’t even need to lie to be devastating. He’ll be painted as a ultra right religious nut job on every late night comedy show. And then she’ll probably win every state in the general.