January 15, 2016 3:38 pm
Updated: January 15, 2016 3:39 pm

Lawsuit filed claiming Ted Cruz’s Canadian birth means he can’t run for president

WATCH:The issue of Calgary-born Ted Cruz's American citizenship has been raised as he tries to become the next U.S. president. Reid Fiest visited Cruz's family home in Calgary and spoke with an old family friend about the issue.


HOUSTON — A veteran attorney in Ted Cruz’s hometown of Houston has filed a federal lawsuit challenging the Canadian-born senator’s eligibility to be president.

In a 28-page complaint Thursday, Newton Schwartz asked the Supreme Court to decide if Cruz’s birth to an American mother and Cuban father while they lived in Calgary violates the Constitution’s “natural born citizen” requirement.

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Cruz argues that because his mother is American, he became a U.S. citizen at birth. But the Supreme Court hasn’t previously considered the eligibility question.

READ MORE: Citizenship controversy fuels interest in Ted Cruz’s childhood home in Calgary

Presidential rival Donald Trump has repeatedly questioned Cruz’s presidential eligibility.

The pair squared off during Thursday night’s Republican debate. When Trump again raised the issue, Cruz shot back that though the Constitution hasn’t changed recently, his polling numbers have — driving Trump’s “birther” questions.

WATCH: Donald Trump uses birther argument in debate against Ted Cruz

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