Fox 13 News in Salt Lake City reports that Walter Wagner has filed a lawsuit in U.S. District Court in SLC claiming Ted Cruz is a not natural born citizen. Read the complaint here. It is styled a “Complaint for declaratory relief.”
This one has a novel definition of “natural born citizen.” According to the complaint, a child born abroad to one US citizen parent is only a natural born citizen if the US Citizen parent had an intent to reside in the US soon afterwards and not in the foreign country. This suit alleges that Cruz’ parents were seeking permanent residence in Canada when Ted Cruz was born.
As authority, Wagner cites the recent article by Mary Brigid McManamon, Minor v. Happersett and the statutory authority for declarative judgments.
From the Minor decision Wagner notes its tangential application in that the two conditions for natural born citizenship given in the case (born in the country to citizen parents for certain, and born in the country to alien parents maybe) state birth in the country as a common factor.
The complaint is well ordered, literate and succinct. That said, there appear to be two insurmountable problems with the case: 1) lack of standing, 2) the lack of any statutory authority supporting the contention that the US Citizen parent must have the intent to reside in the United States. McManamon makes no such argument, and neither does Wagner. This case is
Case dismissed for lack of standing – no specific harm pled.