Thursday, March 17, 2016

Arguments March 23 2016 in appeal of Ted Cruz ‘natural born’ case

Litigants seeking to kick Texas Republican Sen. Ted Cruz off the Republican primary presidential ballot, arguing that he is not a “natural born” citizen and thus cannot be president, have filed an expedited appeal in the case.
According to an attorney for the petitioners, Roger Bernstein, arguments are expected to be heard Wednesday Mar. 23 at 1 p.m. in the appellate division of  the Third Judicial Department.
Bernstein also noted via email that a Harvard Law professor, Einer Elhauge, has now submitted a brief backing up the argument that Cruz, who was born in Canada but whose mother was an American citizen, does not qualify to be president. The court will decide next Monday whether the friend of the court brief can be taken into account, Bernstein said.
Earlier this month, a state Supreme Court justice dismissed the suit, saying the petitioners had not hit a February deadline to challenge Cruz.
The Republican presidential primary is April 19. The two relevant legal briefs can be read below.
Reply Brief for 3rd Dept. 2016 03 16 - final filed for petitioners-appellants.pdf by Chris Bragg

Einer Elhauge, has now submitted a brief backing up the argument that Cruz, who was born in Canada but whose mother was an American citizen, does not qualify to be president. The court will decide next Monday whether the friend of the court brief can be taken into account, Bernstein said. Earlier this month, a state Supreme Court justice dismissed the suit, saying the petitioners had not hit a February deadline to challenge Cruz. https://www.scribd.com/doc/305133999/Reply-Brief-for-3rd-Dept-2016-03-16-final-filed-for-petitioners-appellants-pdf and

Addendum:Read this “white paper” on the Who What When Where Why and How the “natural born Citizen” term got into the presidential eligibility clause of our U.S. Constitution:  https://www.scribd.com/doc/300919680/The-Who-What-When-Where-Why-and-How-of-the-natural-born-Citizen-Term-in-Our-U-S-Constitution

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