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

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.

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.

Get breaking National news

For news impacting Canada and around the world, sign up for breaking news alerts delivered directly to you when they happen.

Sign up for breaking National newsletter Sign Up

By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy.

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

1:20 Donald Trump uses birther argument in debate against Ted Cruz