Trump kept telling Cruz he should get a declaratory judgment to settle the issue. But that isn’t the way the law works, you need to have a case in controversy, someone has to sue, Cruz can’t just get an advisory opinion from the court.
Via The Hill:
Republican presidential front-runner Donald Trump took aim at rival Ted Cruz in a series of Saturday morning tweets, taunting Cruz over challenges to his citizenship and reports that he did not disclose campaign loans.
Trump has tried to stoke concerns that Cruz would face legal challenges to his eligibility for president because he was born in Canada. After a Friday lawsuit questioning exactly that, Trump took a victory lap.
“Ted Cruz was born in Canada and was a Canadian citizen until 15 months ago. Lawsuits have just been filed with more to follow. I told you so,” he wrote.
The lawsuit is filed by an 85 year old attorney and has gems like this in it:
Cruz has the absolute First Amendment right to bring this transaction himself so he can do so here to the “Evangelicals” defined as the believers of the New and Old Testaments. Plaintiff being Jewish is familar to the latter and is no scholar or spokesperson on the New Testament. The opening sentence of the Old Testament “Genesis reads: “…In the beginning, God began to create the heaven and the earth…”.
Thereafter coalesce President Jefferson and many of our founding fathers and signers of the U.S. Constitution were “deists”, two centuries before the Big Bang theory, Enstein’s theories and carbon dating that contrary to contemporary creationists determined that our earth is 4.54 billion years old. Senator Cruz has an absolute First Amendment right to preach as he did “…the body of Christ will rise up to help me…”. He can believe and preach that and all other tenets of his sincere Baptist faith, including presumably as a Southern Baptist tenet that the wife is subordinate to her husband. Orthodox Jews believed this overall into the twenty-first century as some still do. So do Muslims.
The problem with the lawsuit beyond the crazy is that such ‘birther suits’ have generally been dismissed for lack of standing. The courts have not generally found that just being a potential voter or citizen is enough. If the person suing were actually another candidate, the suit might stand a better chance. But as it is, it will be tossed, as were similar suits filed in the past.