Rubio Asks Court To Dismiss Complaint Arguing He’s Not ‘Natural Born Citizen’

UNITED STATES - NOVEMBER 16 - Sen. Marco Rubio, R-Fla., speaks at the 2015 Wall Street Journal CEO Council at the Four Seasons Hotel in Washington on Monday, November 16, 2015. Rubio was participating in a discussion... UNITED STATES - NOVEMBER 16 - Sen. Marco Rubio, R-Fla., speaks at the 2015 Wall Street Journal CEO Council at the Four Seasons Hotel in Washington on Monday, November 16, 2015. Rubio was participating in a discussion with Gerard Baker, Editor in Chief of The Wall Street Journal. (Photo By Al Drago/CQ Roll Call) (CQ Roll Call via AP Images) MORE LESS
Start your day with TPM.
Sign up for the Morning Memo newsletter

As legal experts and politicians continue to question whether it’s clear that Sen. Ted Cruz (R-TX) is eligible to run for president, Sen. Marco Rubio (R-FL) on Monday asked a Florida court to a dismiss a complaint that argues the Florida senator is not a “natural born citizen,” the Tampa Bay Times reported on Thursday.

In December, a Fort Lauderdale man filed a complaint against both Rubio and Cruz, writing that both senators are “naturalized citizens, or at the very least, simply fail to comply with the common law Supreme Court established definition of natural born citizen,” according to the Tampa Bay Times.

In his motion to dismiss the complaint on Monday, Rubio’s lawyers argued that the Florida senator is a “natural born citizen,” a requirement to become president. The motion also notes that the complaint filed against Rubio and Cruz “would jeopardize centuries of precedent and deem at least six former presidents ineligible for office.”

Rubio was born in the United States, but his parents did not become American citizens until after his birth. And some birthers argue that he is not a “natural born citizen” because his parents were not citizens.

Cruz has faced greater scrutiny because he was born in Canada. His mother was an American citizen, so he became a United States citizen at birth. But some legal experts point out that the Supreme Court has not clearly defined a “natural born citizen,” leaving room for the court to decide that Cruz does not qualify.

H/t The Hill

Latest Livewire

Notable Replies

  1. “Sweaty, Anxious “Dry Foot” Cuban Anchor Baby Asks Court to Dismiss Complaint”

    (TPM Headline Edited for Enhanced Accuracy)

  2. This amuses me. I knew Jindal was an anchor-baby…for some reason I don’t think it had registered with me that Rubio was as well.

    Now I believe they were both qualified by birth as ‘Natural Born’…But given the shit spread on the right, I expect some of that to splash back on Rubio from their own teabaggers as they learn this.

    Now Cruz may yet end up being a different story. Personally I believe he gains his natural born status via his mother end of story. But obviously there are others who are far more knowledgeable than I that have questions still.

    Regardless…I will sit back and enjoy the show being provided. Reap the whirlwind assholes… ya’ll built that shit.

  3. Avatar for azjude azjude says:

    Love it!

    Keep it going!

  4. I can see him winning the citizenship clarification, but won’t being 19 still rule out a run?

  5. Avatar for meta meta says:

    Flatfoot gets flatfooted.

Continue the discussion at forums.talkingpointsmemo.com

63 more replies

Participants

Avatar for codegen86 Avatar for ajm Avatar for oregon_trail Avatar for feathered_head Avatar for silas1898 Avatar for leftflank Avatar for humpback Avatar for roygbiv Avatar for learning Avatar for rodnchance Avatar for poorcitizen Avatar for topcat Avatar for lastroth Avatar for midnight_rambler Avatar for plinx Avatar for jeffrey Avatar for serendipitoussomnambulist Avatar for bardi Avatar for mrf Avatar for dnl Avatar for azjude Avatar for jonney_5 Avatar for meta Avatar for originalbob

Continue Discussion
Masthead Masthead
Founder & Editor-in-Chief:
Executive Editor:
Managing Editor:
Deputy Editor:
Editor at Large:
General Counsel:
Publisher:
Head of Product:
Director of Technology:
Associate Publisher:
Front End Developer:
Senior Designer: