Saturday, January 16, 2016

Schwartz, et al v. Cruz

Here is a link to the document filed challenging Senator Cruz's eligibility to hold the office of the president - apart from actually running for it of course. 2305 students should expect to pour over this in class.

- Click here for it.

It was filed in the US District Court for the Southern District of Texas Houston Division - click here for the office.

The lawsuit was filed by Houston lawyer Newton Boris Schwartz, Sr. - I can't much on him at the moment. The suit claims that he has filed it:

. . . Individually and/or as (b) Class Representative and/or (c) on behalf of all eligible qualified 50 states and nationally United States Registered, eligible and Qualified Voters for Voting in: (1) all 50 State Caucus and primaries in 2016; (2) the 2016 Texas Primary elections; and (3) General National 2016 Electoral Presidential and Vice president election on November 1, 2016.

The court is pretty picky about standing - who can file a suit and why, is that person suffering an actual harm - so I'm curious whether they would recognize his right to file the suit.

The suits asks for a declaratory judgement - which can be defined as follows:

A binding judgment from a court defining the legal relationship between parties and their rights in the matter before the court. A declaratory judgment does not provide for any enforcement, however. In other words, it states the court's authoritative opinion regarding the exact nature of the legal matter without requiring the parties to do anything.

Here is what they are asking the court to do:

This procedural Declaratory Judgment prays for an declaratory Judgment of the (1) status (2) qualifications and (3) eligibility or ineligibility of defendant for election to the office of the President and vice President of the United States under Article II, Section I, Clause 5 as original enacted and adopted and ratified by the requisite number of then thirteen states and not amended or repealed to date.

It is undisputed, by all legal scholars, there is no U S Supreme Court decision or precedent: determinative of the following agreed facts of this case and controversy. “Natural born citizen” has never been defined. This a case of first impression. Harvard professor Laurence Tribe on January 11-12, 2016 national including CNN media program opined “…this question is completely unsettled…”.

The document goes in for another 73 pages - I've yet to gloss through it, but will soon.