WMUR: Challenges to Cruz ‘natural-born’ citizenship to be heard in NH next week
State Ballot Law Commission gives notice of Nov. 24 hearings on Cruz, Sanders eligibility
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Christopher Booth of Concord, New Hampshire, and Cameron Elliott of Pennsylvania filed separate challenges to Cruz, arguing that although Cruz’s mother is an American citizen, Cruz is ineligible because he was born in Canada, outside of the jurisdiction of the United States.
Booth, not satisfied with "no," decided to make a federal case out of it: Booth v. Cruz
, No. 15–518.
It would appear one Carmen Elliot
helped Booth with the federal lawsuit.
On January 20, the magistrate judge recommended dismissing Booth's suit:
Booth lacks standing to bring this action seeking a determination of Sen. Cruz's eligibility to run in the NH Republican Primary, and/or an injunction removing Sen. Cruz from the NH Republican Primary ballot. Because the court finds Booth's lack of standing to be dispositive of this matter, it does not reach the underlying question of Sen. Cruz's eligibility to be President.
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While Booth states explicitly that he is not seeking to appeal the BLC's decision to this court, he has asked this court to advise the BLC as to the meaning of “natural born” in the context of Article II, § 1 of the Constitution; to reverse the BLC's decision; and to suggest the passage of certain laws to the New Hampshire state legislature. This court does not have appellate jurisdiction over the BLC. See RSA 665:7 (“The decision of the ballot law commission ... shall be final as to questions both of law and fact, and no court shall have jurisdiction to review such decision.”). Further, the district judge should decline Booth's invitation to provide advice either to the BLC or to the state legislature, as federal courts are prohibited from rendering advisory opinions. See Igartua v. United States, 626 F.3d 592, 606 (1st Cir.2010).
And, of course, if the suit hasn't already been dismissed, it'll be moot soon enough.