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UCmeNdc

(9,600 posts)
Tue Feb 23, 2016, 11:34 PM Feb 2016

Ted Cruz seeks to have lawsuit challenging his eligibility to run for president tossed

Lawyers for Cruz contend in the filing made on Monday that the U.S. senator from Texas meets the constitutional requirements to serve as president and that the Houston lawyer trying to have the court block his bid does not have standing to bring the case.

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Ted Cruz seeks to have lawsuit challenging his eligibility to run for president tossed (Original Post) UCmeNdc Feb 2016 OP
He may be right about 'standing,' elleng Feb 2016 #1

elleng

(130,964 posts)
1. He may be right about 'standing,'
Tue Feb 23, 2016, 11:43 PM
Feb 2016

which means,

'The legally protectible stake or interest that an individual has in a dispute that entitles him to bring the controversy before the court to obtain judicial relief.

Standing, sometimes referred to as standing to sue, is the name of the federal law doctrine that focuses on whether a prospective plaintiff can show that some personal legal interest has been invaded by the defendant. It is not enough that a person is merely interested as a member of the general public in the resolution of the dispute. The person must have a personal stake in the outcome of the controversy.

The standing doctrine is derived from the U.S. Constitution's Article III provision that federal courts have the power to hear "cases" arising under federal law and "controversies" involving certain types of parties. In the most fundamental application of the philosophy of judicial restraint, the U.S. Supreme Court has interpreted this language to forbid the rendering of advisory opinions.'

He is NOT correct that he meets the constitutional requirements to serve as President, as he was not born in the United States. This issue will have to be resolved by the Supreme Court, in another case where the Plaintiff DOES have standing, such as one of the other republican candidates.

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