The Corner

Politics & Policy

Thanks to Lawsuit, Cruz’s Eligibility to Continue Being Stupid Issue We Have to Talk About

And . . . there it is:

Republican presidential contender Ted Cruz should be disqualified from the race because he isn’t a “natural-born citizen,” a fellow Texan claims in a “birther” challenge filed against the senator in a U.S. court.

The suit seeks a court definition of the term to clarify whether Cruz — who was born in Canada to an American mother — can or can’t serve if elected.

“This 229-year question has never been pled, presented to or finally decided by or resolved by the U.S. Supreme Court,” Houston attorney Newton B. Schwartz Sr. said in his 28-page complaint. “Only the U.S. Supreme Court can finally decide, determine judicially and settle this issue now.”

Let’s get the first thing out of the way: Yes, Ted Cruz is eligible to be president. If you’re one of the quarter of Republicans who think that the circumstances of Cruz’s birth are somehow disqualifying, or the 26 percent that haven’t made up your minds, please: Read this. Or this. Or maybe this. Or this. For God’s sake, The Atlantic is clear that this is nonsense. So either the Republican party has several million heterodox constitutional scholars in its midst, or a hefty chunk of the party has devoted itself, with single-minded zeal, to being intentionally, flamboyantly ignorant.

Which brings us to Donald Trump. This is, of course, his doing. Because he is unable to engage Cruz (or anyone else on stage) on matters of actual substance, he’s mongered conspiracy under the pretext that Democrats were going to do it anyway. It doesn’t seem to matter to Trump or to his supporters that his legal opinion on the subject was wildly different just four months ago.

But this is a great moment for him. Newton B. Schwartz Sr. says he “probably” supports Bernie Sanders, which means that, not only was a lawsuit filed, as Trump predicted, but by a Democrat, just like he said. And now Trump gets to do a round of “I told you so!” media appearances, studiously ignoring the fact that this never would have happened had he not suggested it in the first place.

It’s good politics. And we’re all stupider for it.

Ian Tuttle is a doctoral candidate at the Catholic University of America. He is completing a dissertation on T. S. Eliot.
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