Cruz and Rubio Eligibility Lawsuit Set for 11 AM, Friday March 4th in Florida

Guest post by Sarah Johnson

rubio cruz

Although Florida media reported that Senator Marco Rubio’s parents were not US citizens when he was born, national media has largely avoided the topic.   Senator Ted Cruz’s status as a natural born Canadian and a number of related eligibility lawsuits were underreported nationally, until news hit that an IL judge was hearing one of the cases.  

Cruz’s lawsuits were filed in Florida, Vermont, Texas, Utah, Illinois, Arkansas, Alabama, New York, and Pennsylvania, and individuals who raised a ballot challenge in Indiana are weighing whether they’ll file suit.  

Cruz has a new IL court date March 1st – Super Tuesday, a filing deadline on March 2nd for the AR case after his requested extension was granted, and a joint court date with one Senator Marco Rubio on March 4th in Rubio’s home state of Florida. Rubio’s pending lawsuits, court dates, and questionable defenses to the actions have been missing from the national discussion.

The initial narrative had Rubio’s parents fleeing Cuba’s Castro in 1959.   It was later revealed they’d arrived in America in 1956 instead.   Rubio’s parents did not become US citizens until nearly twenty years later, several years after Rubio’s 1971 birth.   Their status as Cuban citizens, not US citizens, at the time of Marco’s birth prompted his inclusion in the Florida, Vermont, Arkansas and Indiana suits and challenges above.

Thomas Lee, a professor of constitutional and international law at Fordham Law School, explained a portion of the Originalist view of natural born citizenship, namely jus soli and jus sanguinis. As Mario Apuzzo elucidates:

“The historical and legal record demonstrates that in order to be a citizen by virtue of birth alone, one must be born in the country to parents who were its citizen at the time of the child’s birth.  Indeed, a natural born citizen is a child born or reputed born in the country to parents who were its citizens at the time of the child’s birth.”

The motions filed in defense of Cruz and Rubio in Florida are available to the public through the Broward County Court website due to the state’s sunshine laws, Case # CACE15022044.   Each one stakes their claim on only one half of the historical natural born requirements. Rubio argues the only thing that matters is he “was born in the United States”, while Cruz argues the only thing that matters is his mother’s citizenship, although the bulk of both rely on attempts to stop the case from moving forward on technicalities vs merits. Stunningly, while both crisscross the country appealing to voters, both have now argued that voters have no recourse to challenge a candidate over ineligibility, that courts have no authority to rule on this Constitutional matter. Instead, both argue it must wait until they are elected as President/Vice President and then the legislative body where they’re employed at the will of The People, Congress, would determine whether they’re eligible and if not, choose their replacement. That does not sound like a Conservative, accountable to voters, Separation of Powers viewpoint. What’s worse is both US Senators are pursuing and defending their own ambitions for the Executive Branch in a way that undermines the Constitution and Founders’ Intent.



“I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.”


The biggest bombshell in Rubio’s motion is its globalist, open borders tone, as he tries to distance himself from his previous amnesty push on the campaign trail.   Just like Obama, the Leftist media, and the Gang of 8, he chooses to ignore the difference between illegal aliens and legal immigrants subject to the jurisdiction of the government, referring instead just to “immigrants” interchangeably with “foreign parents” and “noncitizen parents”, arguing wrongly that immigration status has nothing to do with it; any child born here is not only a US citizen, but also a Natural Born Citizen, capable of becoming President of the United States: “A natural-born citizen is one who is born in the United States regardless of their parents’ ancestry,” Rubio’s motion states.   Understand, he cannot argue illegal “dreamers” can become President and believe they are anything other than already US citizens with the right to vote and full government benefits.   This would also preclude deportation. Perhaps Florida’s familiarity with Marco, his eligibility issues and his affinity for amnesty after promising otherwise explain why he is twenty points behind the frontrunner in his own home state.

The hearing for the Cruz/Rubio eligibility lawsuit in Florida is set for 11 AM, Friday March 4th.

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Jim Hoft is the founder and editor of The Gateway Pundit, one of the top conservative news outlets in America. Jim was awarded the Reed Irvine Accuracy in Media Award in 2013 and is the proud recipient of the Breitbart Award for Excellence in Online Journalism from the Americans for Prosperity Foundation in May 2016. In 2023, The Gateway Pundit received the Most Trusted Print Media Award at the American Liberty Awards.

You can email Jim Hoft here, and read more of Jim Hoft's articles here.


Thanks for sharing!