Birther lawsuit against Ted Cruz and Marco Rubio dismissed by federal judge in Little Rock | Arkansas Blog

Monday, February 29, 2016

Birther lawsuit against Ted Cruz and Marco Rubio dismissed by federal judge in Little Rock

Posted By on Mon, Feb 29, 2016 at 4:32 PM

LIBRACE: His birther gambit was dismissed today.
  • LIBRACE: His birther gambit was dismissed today.
U.S. District Judge Brian Miller today dismissed a birther lawsuit by David Librace, a political gadfly from Helena. 

Librace, who is running for president himself, was seeking a declaratory judgment on whether Ted Cruz and Marco Rubio are eligible to appear on the ballot tomorrow when the state holds its primary. The lawsuit questioned whether Cruz and Rubio are "natural born citizens" under the Constitution. Cruz was born in Canada; Rubio, born in Miami, has Cuban parents. "The U.S. Constitution is not a popularity document for fair weather only," Librace's complaint stated. 

Miller heard arguments earlier today and issued his written ruling this afternoon. He found that Librace did not have standing to bring the case. 

"Although the questions raised by Mr. Librace are interesting, they are questions that he simply does not have standing to bring," Miller wrote. 

Republicans are free to vote for Rubio and Cruz tomorrow if they wish to. 

Here's Miller's ruling.


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