Donald Trump has revived the question whether Senator Ted Cruz is ineligible to serve as President due to his birth in Canada. The issue cries out for judicial resolution, but there are constitutional and prudential obstacles to a federal court deciding it. This comment argues that the most promising avenue is a state court lawsuit challenging Senator Cruz’s eligibility and seeking his removal from the primary ballot. There’s at least one state – Pennsylvania – where the deadline for filing hasn’t yet expired, but if skeptics of Cruz’s eligibility want to sue there they must act quickly, no later than Tuesday. Litigating the case through state court would tee up the issue for Supreme Court review, which would be helpful in resolving the recurrent question of what it means to be a “natural born Citizen." [Read Comment]
On June 5, a hearing was scheduled before the Ohio Secretary of State to consider rules relating to HB 3 regulating voter registration (See the Notice of Hearing here). These regulations mirror emergency rules already in place that became effective May 1, 2006, and are set to expire on July 30, 2006 (see Emergency Regulations and Proposed Regulations below). In effect, the outcome of this hearing will decide whether these regulations will remain as merely emergency rules, expiring as originally set, or become rules that would regulate the registration of voters past the original deadline of July 30, 2006.
Amended Proposed Regulations (Refiled June 14, 2006)