A Texas lawyer just heeded Donald Trump’s call, filing a lawsuit in federal court on Friday, challenging Ted Cruz’s eligibility to be commander-in-chief.
Newton Boris Schwartz, an attorney based in Houston, argues that the question must be decided by the courts rather than by popular consensus.
“The U.S. Constitution is not a popularity document for fair weather only,” the lawsuit says.
At issue: Is Cruz, who was born to an American mother and Cuban father while they lived in Canada, considered a “natural born citizen” under the Constitution?
Cruz has repeatedly argued that, because his mother is American, he is a U.S. citizen by birth. But the Supreme Court has never ruled on the issue.
The question over Cruz’s citizenship status has gained traction in recent days, thanks largely to Donald Trump, who raised the issue again during Thursday night’s GOP debate in South Carolina.
Cruz shot back that the Constitution hasn’t changed recently and that Trump is only bringing it up because his polling numbers are down.