Ted Cruz is a natural born citizen
Having extensively reviewed all the articles cited in this opinion, as well as many others, this Court holds, consistent with the common law precedent and statutory history, that a “natural born citizen” includes any person who is a United States citizen from birth.
Judge Pellegrini rejected the argument that presidential eligibility is a “political question” although he fails to address the 20th Amendment in his argument that there is no demonstrable assignment of the question of presidential eligibility to Congress or to the Electoral College. His argument that the definition of natural born citizen is justiciable is based on a Supreme Court decision that a natural born citizen cannot be denaturalized (see pages 8-9 of the decision).
On the merits, Judge Pellegrini cites some familiar names to readers of this blog, including Prof. Charles Gordon and Congressional Research Service Attorney Jack Maskell as well as the arguments from law professors on the Cruz eligibility question that have appeared in the press of late (McManamon, Chin, Clement and Katyal).
Challenger Carmon Elliott says he will appeal to the State’s Supreme Court.