Politics Cruz must recuse himself from vote on SCOTUS (Op-Ed)

Discussion in 'The Howard Stern Show' started by Lance Murdock, Feb 19, 2016.

  1. Lance Murdock

    Lance Murdock Well-Known Member

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    Cruz was threatening to filibuster any Obama nominee. This op-ed claims since Cruz has already been sued over his eligibilty, his case will likely come before the Supreme Court making it improper for him to participate in the confirmation process.

    Very interesting argument.

    abajournal.com/news/article/natural_born_citizen_issue_requires_ted_cruzs_recusal_in_vote_on_scotus_nom/

    GOP presidential candidate Ted Cruz should recuse himself in any future Senate Judiciary Committee vote on a nominee to replace Antonin Scalia, according to a law professor’s op-ed.

    Cruz has a conflict of interest because of questions surrounding his eligibility to serve as president, according to the CNN op-ed by Northwestern University law professor Steven Lubet. Cruz is the only remaining GOP presidential contender with a seat on the committee.

    The issue is whether Cruz is a “natural born citizen” as required by the Constitution to serve as president. He was born in Canada to woman who was a U.S. citizen.

    “It is far from a given that Cruz is constitutionally qualified to be president, and his status, if nominated, is sure to be challenged in court,” Lubet wrote. “Such a case would ultimately reach the U.S. Supreme Court, which gives Cruz a unique stake in filling the current vacancy. If Cruz were to remain an active member of the Judiciary Committee, he would actually have a chance to interrogate—and to vote upon—his own potential judge,” Lubet writes.

    Though Cruz would likely refrain from asking a nominee about the meaning of “natural born citizen,” he could pose other questions about constitutional interpretation that could provide hints of the nominee’s views on the issue, Lubet says.

    Senate rules don’t directly address such a situation. But Lubet nonetheless sees a conflict of interest.

    “I have no firm opinion on whether Ted Cruz is a natural born citizen and thus eligible to be elected president,” Lubet writes. “But I do know that he should not be allowed to select—or de-select—his own judge when the decision on his presidential future may well hang in the balance.”
     
  2. Mark Mayonnaise

    Mark Mayonnaise You look like a tree! VIP Gold

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    [​IMG]
     
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  3. FishySausage

    FishySausage Original Nuttah VIP

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  4. Droog

    Droog Well-Known Member VIP

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    I wish Ted would recuse his face from public viewing.
     
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  5. AcquiringSignal

    AcquiringSignal Girthy VIP

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    There were some classic A-Team episodes on the other day. Even using fully automatic weapons, they couldn't hit a single bad guy.


    Just wanted to get that out in the open. Carry on.
     
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  6. Anyonenow

    Anyonenow Well-Known Member

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    Wouldn't a more Liberal Supreme court benefit Cruz in his situation "natural born" @Mlaw :happyhappy:
     
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