Judge David Weinstein of the Supreme Court in New York will decide today if the court will hear a case brought by 81 year-old Barry Korman and 85 year-old William Gallo.
The octogenarians filed a lawsuit that challenged presidential candidate Ted Cruz’s eligibility to appear on the New York primary ballot.
The men contend that Cruz is not a natural born citizen due to his birth in Alberta, Canada.
The case, which is unlike the challenges brought against John McCain for his birth in the Panama Canal Zone (which became “U.S. Soil”), is based upon the requirement that Cruz’s parents go through the naturalization process for young Rafael.
The candidate’s parents had to request the U.S. government to recognize the birth by filing a Consular Report of a Birth Abroad with the U.S. Embassy in Canada.
The citizenship step is not necessary for those born abroad yet on a military base or foreign land designated as “U.S. Soil.”
Ted Cruz and his campaign have thus far refused to release the CRBA documents or explain to the public at what age the recognition was requested.
Ted Cruz moved to Texas at the age of four, yet had until the age of 18 to apply for U.S. Citizenship.
It is unknown how old Ted Cruz was when he officially became a recognized citizen of the United States.
Cruz’s mother was a United States citizen at the time of his birth, yet his Cuban father did not naturalize until 2004.
The New York lawsuit is not the first that Cruz has had to fend off. Similar suits have been brought in Pennsylvania, Alabama, Texas and Illinois.