Thursday, June 2, 2016

Huff Puff: Article II Eligibility Controversy Still Alive; 
U.S. Supreme Court Denies Another Eligibility Challenge

On Tuesday the Supreme Court of the United States denied without explanation to hear an Article II eligibility case against Canadian-born Ted Cruz. A petition for a writ of certiorari before judgment was filed by Walter Wagner of Utah.

Order via SCOTUS:

According to Huffington Post the case is still pending before the U.S. Court of Appeals for the 10th Circuit:

A lower court dismissed the case on the basis that the lawyer, Walter Wagner, lacked standing to bring the challenge in federal court. The judge in the case said the alleged harm to Wagner from Cruz’s participation in the Republican presidential primary was “conjectural and hypothetical at best.” (Cruz was still in the race when the judge ruled in mid-March.) 
Wagner appealed in the usual way, but while the case was pending before the U.S. Court of Appeals for the 10th Circuit — which has yet to rule — he moved on to the Supreme Court under a rule that allows him to do so if the case is of “imperative public importance.” 
Apparently Wagner didn’t meet that high bar. 
Reached by phone on Tuesday, Wagner said claims against Cruz on the natural-born question aren’t moot and will have merit for “as long as he’s still alive.” The lawyer noted that presumptive GOP nominee Donald Trump could drop dead tomorrow and then Cruz would certainly “be back in the race.” 
Cruz’s legal team is due to submit briefs responding to Wagner’s appeal before the 10th Circuit by Thursday. After that, the court could issue a summary ruling upholding the dismissal of the case or decide to hold oral arguments and issue a more substantive ruling at a later date. [...] Huff Puff.