SCOTUS and Trump's Last Cruz Birther Case

Donald Trump, Ted Cruz

Just in time for the 2020 presidential Campaign, Tuesday the U.S. Supreme Court declined to hear a birther lawsuit claiming that Sen. Ted Cruz is ineligible to be president because he is not “natural born citizen” within the meaning of the Constitution. In denying the Petition for a writ of certiorari, the Supreme Court upheld the March 18, 2016 ruling of Judge Jill Parish of the United States District Court, District of Utah. Judge Parrish dismissed the case finding Walter Wagner, a retired attorney in Utah, did not have standing because he failed to allege he was harmed “in a personal and individualized way.”

Unfortunately this is not the end of matter. Wagner appealed the District Courts decision to the U.S. Court of Appeals for the 10th Circuit on March 31. While that appeal was pending Wagner Filed his petition with the Supreme Court under a rule that allows him to do so if the case is of “imperative public importance.” Cruz’s legal team is due to submit briefs responding to Wagner’s appeal before the 10th Circuit by Thursday. Wagner said the natural-born citizen claims against Cruz will have merit for “as long as he’s still alive.”

Since the all talk and no action Trump first raised the birther issue, thirteen federal and state courts and administrative bodies have considered and rejected Donald Trump’s bogus claim that Sen. Cruz is not eligible to be president:

  1. The United States District Court for the Eastern District of Arkansas
  2. A Broward County Court in Florida
  3. A Cook County Court in Illinois
  4. Administrative Law Judge Jeff S. Masin with the New Jersey Office of Administrative Law
  5. New Jersey’s Secretary of State, Kim Guadagno
  6. A State Court in New York in Albany County
  7. A New York State Appeals Court
  8. The New York Court of Appeals
  9. A Pennsylvania State Court
  10. The Pennsylvania Supreme Court
  11. The U.S. District Court, Southern District of Texas
  12. The United States District Court, District of Utah
  13. The U.S. Supreme Court

Trump managed to force Cruz to spend valuable time and resources defending all these frivolous law suits. He also caused overburdened courts to waste scarce resources on considering the case. The Donald managed to do all that in his usual 140-character, no holds barred campaign style. He just throws stuff out there, things no one else will say and Trump-addicted main stream media echos it regardless of how crazy it seems. Trump causes chaos, gets the attention he wants and needs and so far has escaped any negative consequences for his offensive and unpresidential, but successful campaign style.

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