“Pennsylvania Judge Rules That Ted Cruz is Eligible to Run for President”

WSJ:

A Pennsylvania judge has rejected an effort to kick Republican presidential candidate Ted Cruz off the state primary ballot, ruling that the Texas senator’s birth outside of the United States doesn’t disqualify him from the ballot under the U.S. Constitution.

The ruling is the latest legal victory for Mr. Cruz on the eligibility question. So-called “birther” suits have been filed in other states, including New York and Illinois. The cases in those two states were dismissed on technical grounds….

There’s no consensus in the legal community on the meaning of “natural born citizen.” But some scholars, most notably Ohio State University law professor Daniel Tokaji, have observed that state court could be where a court action opposing Mr. Cruz’s place on the ballot has the best shot of going somewhere.

The reason is that state courts have less stringent standing requirements for bringing a lawsuit than federal courts. Mr. Carmon could object to the nomination petition of Mr. Cruz in state court just by being a registered Republican voter.

“Fortunately for skeptics of Senator Cruz’s eligibility, there’s at least one state where a challenge could still be brought,” wrote Mr. Tokaji in a February essay posted on Election Law Blog. “Pennsylvania will hold its primary on April 26. The last day for candidates to file nominating petitions was yesterday, February 16.”

Share this: