New York Judge Hears Arguments Regarding Cruz's Canadian Birth, A New Challenge For The Presidential Candidate

By

A New York judge is set to rule soon on whether or not to dismiss a lawsuit that has once again questioned the Canadian birth of Republican Senator Ted Cruz. The presidential candidate's lawyers and the plaintiffs have presented their arguments about the issue.

This is the latest of the challenges that Cruz is facing, which could greatly affect his presence on the primary ballot this April 19. In a report by News Channel 25, New York's State Supreme Court Justice David Weinstein is set to consider if Cruz is not a natural born citizen of the United States. If so, this will go against the United States' constitutional requirement for the eligibility of being the nation's president.

Cruz, 45, was born in Alberta, Canada but his mother was a U.S. citizen living in the area. His father is a native of Cuba, News Channel 13 reported. The plaintiffs, Barry Korman and William Gallo, argue that Cruz is a natural born Canadian and that he should not be included in the ballot for the primary election. The petition was filed last February 19.

In a report by Reuters, Weinstein has promised that he will decide if the case will proceed on Monday. He has first heard the arguments of the attorney of Cruz and if the judge decides to hear the arguments of Korman and Gallo, it will be scheduled later this week.

One of the lawyers for Cruz, Grant Lally, said in court that the judge should dismiss the case because the objectors missed a deadline regarding the filing of the petition. Lally added that the issue not a state issue but a federal concern.

However, Albany Law Professor Stephen Clark claimed that the constitution is not clear regarding the requirement that a presidential candidate should be a natural born citizen. He shared, "We're not sure what the drafters meant when they wrote natural born citizens."

A similar case has been dismissed by an Illinois judge earlier this week. Legal experts have also commented on the topic saying  it is unlikely that any judge will block Cruz's presidential run.

Tags
New York judge, Albany, Republican Senator Ted Cruz, Presidential elections 2016, born in Canada, Natural born citizen, primary ballot
Join the Discussion
Related Articles
More Law & Society News
US Congress Targets TikTok for Ban, Citing National Security, ByteDance Faces Tight Deadline for Sale

US Congress Targets TikTok for Ban, Citing National Security, ByteDance Faces Tight Deadline for Sale

Supreme Court to Address Cruelty Claims in Homeless Ticketing Law Challenge Monday

Supreme Court to Address Cruelty Claims in Homeless Ticketing Law Challenge Monday

NY Attorney General Letitia James Seeks to Void Trump's $175 Million Bond in Civil Business Fraud Case

NY Attorney General Letitia James Seeks to Void Trump's $175 Million Bond in Civil Business Fraud Case

What Role Does the Foreign Intelligence Surveillance Court Play in Authorizing Government Search Warrants?

What Role Does the Foreign Intelligence Surveillance Court Play in Authorizing Government Search Warrants?

Real Time Analytics