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Ted Cruz Gets His First Birther Lawsuit

Sen. Ted Cruz faces a “birther lawsuit,” from left-wing Houston lawyer Newton Schwartz, according to a new report.

The issue is the precise definition of “natural born citizen,” which is a requirement for any president.

“This 229-year question has never been pled, presented to or finally decided by or resolved by the U.S. Supreme Court… Only the U.S. Supreme Court can finally decide, determine judicially and settle this issue now,” Schwartz says in his 28-page complaint, according to Bloomberg.

Various non-mainstream critics say that only people born to American citizens on American soil meet that test — and that citizens who were born to non-citizens in the United States or who were born in a foreign country to immigrant naturalized-citizens don’t meet the “natural born citizen” test.

But it is unlikely that Schwartz’s lawsuit is going anywhere because he can’t easily win “standing.” That’s a basic requirement for any lawsuit to get its day in court — but likely he won’t get standing because he can’t show that he is uniquely and directly harmed if what he claims is actually true.

Nonetheless, his lawsuit may force Cruz to send some lawyers to the court.

Cruz is a citizen because his parents were citizens. But they were not born in the United States, and he was born in Canada. 

Cruz provided one answer to the birther claim during the Jan. 14 GOP debate, saying that, “There’s nothing to this birther issue. Since September, the Constitution hasn’t changed. But the poll numbers have… But the facts and the law are really clear. Under longstanding U.S. law, the child of a U.S. citizen [born] abroad is a natural-born citizen.”

Bloomberg’s reporter asked the Houston lawyer to explain why he’s filed the lawsuit.

Schwartz, 85, said in a phone interview he isn’t connected to any particular campaign, though he personally “probably” supports Bernie Sanders, the Vermont senator seeking the Democratic nomination.

“Honestly, I was watching C-SPAN one night when Donald Trump was talking about it and I couldn’t believe no one had thought to just file something with the court,” said Schwartz, a practicing trial attorney and self-described news junkie.

“It’s such a simple procedure — I’m amazed no one did it,” Schwartz said. “Senator Cruz should have filed it himself to avoid the question.”

… “The country will be in chaos if he’s elected president or vice president and this goes to trial then,” Schwartz said. “I can see both sides of this argument.”

The article did not say when the judge would decide whether to allow the lawsuit into the courtroom.

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