Here’s Why the Ted Cruz Birther Story Isn’t Going Away

A lawsuit was just filed questioning his eligibility to serve as president. And that’s not all.

Cruz: Christopher Halloran/Shutterstock; Flag: Rachel Duchesne/Shutterstock; Moose: BGSmith/Shutterstock; Illustration: James West

Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.


During the memorable clash between Donald Trump and Ted Cruz at last night’s Republican presidential debate, the real estate mogul explained why he has persistently raised questions about his Canadian-born rival’s eligibility to serve as president.

“If for some reason…he beats the rest of the field, I already know the Democrats are going to be bringing a suit,” Trump said. “You have a big lawsuit over your head while you’re running. And if you become the nominee, who the hell knows if you can even serve in office?”

As it turns out, Trump’s concerns over a lawsuit weren’t unwarranted. In fact, one was filed that same day by Houston lawyer Newton Boris Schwartz Sr. The suit asks a federal judge to define 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.” In the poorly written, 28-page complaint, Schwartz noted that this question is “now ripe for decision,” and then invoked the so-called birther arguments used against President Barack Obama (see the full complaint below):

If all that was and is required for Defendant’s eligibility for the election to the office of the President and Vice President of the United States is that one of his biological parents be a U.S. citizen at the time of his birth in Canada outside the 50 United States…then why have the “birthers” or “doubters” and questioners of the place of birth of the 44th President of the United States, Barack Hussein Obama have persisted to this date and prior to his 2008 elections in 2008 and 2012? When undisputedly: (1) he was born in the U.S. state of Hawaii after its admission on August 21, 1959 and is documented by his birth records…”

It’s unclear what will come of this complaint, but this isn’t the only birther action that Cruz is contending with. Also on Thursday, the Arizona Republic reported that Rep. Kelly Townsend, a Republican state legislator from the Phoenix suburb of Mesa, is “circulating a measure at the Arizona legislature that would call a U.S. constitutional convention to outline what it means to be a natural-born citizen.” The paper notes that Townsend hopes to get her Legislature on board before reaching out to other states, since, after all, “it will take 34 states to convene such a meeting, something that hasn’t happened since 1787.”

This legislative effort—like the lawsuit—appears quixotic. But Trump has ensured this question of his natural-born citizenship status will dog him. As seen in last night’s debate, Trump’s questioning of Cruz’s eligibility has marked a turning point in relations between the two candidates, who have previously refrained from attacking each other throughout the campaign. But, as Trump told CNN’s Dana Bash after Thursday’s debate, “I guess the bromance is over.”

WE CAME UP SHORT.

We just wrapped up a shorter-than-normal, urgent-as-ever fundraising drive and we came up about $45,000 short of our $300,000 goal.

That means we're going to have upwards of $350,000, maybe more, to raise in online donations between now and June 30, when our fiscal year ends and we have to get to break-even. And even though there's zero cushion to miss the mark, we won't be all that in your face about our fundraising again until June.

So we urgently need this specific ask, what you're reading right now, to start bringing in more donations than it ever has. The reality, for these next few months and next few years, is that we have to start finding ways to grow our online supporter base in a big way—and we're optimistic we can keep making real headway by being real with you about this.

Because the bottom line: Corporations and powerful people with deep pockets will never sustain the type of journalism Mother Jones exists to do. The only investors who won’t let independent, investigative journalism down are the people who actually care about its future—you.

And we hope you might consider pitching in before moving on to whatever it is you're about to do next. We really need to see if we'll be able to raise more with this real estate on a daily basis than we have been, so we're hoping to see a promising start.

payment methods

WE CAME UP SHORT.

We just wrapped up a shorter-than-normal, urgent-as-ever fundraising drive and we came up about $45,000 short of our $300,000 goal.

That means we're going to have upwards of $350,000, maybe more, to raise in online donations between now and June 30, when our fiscal year ends and we have to get to break-even. And even though there's zero cushion to miss the mark, we won't be all that in your face about our fundraising again until June.

So we urgently need this specific ask, what you're reading right now, to start bringing in more donations than it ever has. The reality, for these next few months and next few years, is that we have to start finding ways to grow our online supporter base in a big way—and we're optimistic we can keep making real headway by being real with you about this.

Because the bottom line: Corporations and powerful people with deep pockets will never sustain the type of journalism Mother Jones exists to do. The only investors who won’t let independent, investigative journalism down are the people who actually care about its future—you.

And we hope you might consider pitching in before moving on to whatever it is you're about to do next. We really need to see if we'll be able to raise more with this real estate on a daily basis than we have been, so we're hoping to see a promising start.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate