Another one bites the dust
Yet another attempt to end Senator Cruz’s White House bid was shut down in courts Thursday afternoon.
A New York appellate court upheld a lower court’s decision to dismiss a case involving Senator Cruz’s birthright.
The New York Appellate Division agreed with the lower court ruling that the suit should be thrown out because it missed the deadline for filing an objection to Cruz’s appearance on the April 19 ballot. Lawyers for Cruz successfully argued that the objectors had filed their petition nearly three weeks late.
The appeals judges said they would not address the merits of the case, saying they were “academic.”
Roger Bernstein, a lawyer for the petitioners, said his clients intend to appeal the decision.
New York residents Barry Korman, 81, of Manhattan, and William Gallo, 85, of Manhasset, had filed the suit, arguing that because Cruz was born in Canada, he is not a “naturally born” citizen as the Constitution dictates for a U.S. president.
Cruz has defended himself against similar claims in multiple states, saying he was a U.S. natural born citizen at birth because of his mother’s U.S. citizenship at the time.
Cruz was born in 1970 in Calgary, Alberta.
In February, Professor Jacobson blogged about a similar case in Illinois:
And his research on the birthright citizenship issue is here.
Follow Kemberlee on Twitter @kemberleekaye