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Constitutional lawyer Floyd Abrams says Republican presidential candidate Ted Cruz is on the right side in the argument over whether he can run for president.
“I think Senator Cruz is right that ‘natural-born’ as understood would more likely than not be held to mean someone that didn’t need to be naturalized, didn’t have to go through any procedure to be an American, as of course he did not because he had an American mother,” Abrams told host John Catsimatidis on “The Cats Roundtable” on New York’s AM-970 on Sunday.
Despite his belief that Cruz is a natural-born citizen, Abrams said the Supreme Court likely would not hand down a decision if petitioned in the case.
“I’ll tell you what I think they would say: I think they would say we’re not going to rule,” he said. “I think they would say, we’re going to treat this as what we call a political question. Congress can decide, the public can decide, but we’re not going to pass on the issue of whether these words are of such magnitude as to disqualify someone for the presidency.
“I think that’s where it would be left. I think it will ultimately be, even if Senator Cruz were to be elected president, one that the courts would just stay away from,” he added.