The Pennsylvania Supreme Court just denied review of a case brought by serial-birther Carmen Elliott, handing a birther-controversy victory to Ted Cruz in the state.
Elliott, who had previously filed a losing challenge against Cruz before the New Hampshire Ballot Law Commission, had his Pennsylvania filing turned down by Commonwealth Court Judge Dan Pellegrini on March 11. Pellegrini ruled that:
“common law precedent and statutory history maintain that an eligible candidate includes any person born to an American citizen, regardless of where”
The PA Supreme Court justices took all of three sentences to deny Elliott a hearing.
Cruz’s lawyer advanced two arguments in the case:
- Cruz is a natural born citizen who is eligible for the presidency
- Congress or the Electoral College would be the proper venue for deciding birther challenges, not the courts