Calverton resident Greg Fischer is taking on Republican presidential candidate Ted Cruz.
Fischer has filed an action in federal district court seeking a ruling that Ted Cruz is not a “natural born citizen” within the meaning of Article II of the United States Constitution.
The action, filed in Central Islip on Friday, looks to boot Cruz, who was born in Canada, off the ballot in New York. The suit names Cruz and the state board of elections as defendants.
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“Ted was her anchor baby,” Fischer said in an interview today, arguing that the candidate’s mother “constructively abandoned” her U.S. citizenship when she started voting in Canada.
“There is only one birthright that natural born citizens have that naturalized citizens don’t,” he said, “and that’s running for president of the United States. I’m the lone defender in all of New York of that right.”
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Fischer said the only other federal lawsuits now pending on the topic of Cruz’s right to run for president are in federal courts in Alabama and Texas. A suit brought against the New York board of elections in state court in New York City was dismissed because it wasn’t brought in federal court and it didn’t name Cruz as a defendant, Fischer argues.
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Fischer, in a memorandum of law supporting his complaint, quotes two U.S. Supreme Court decisions with contrary holdings.
The 1898 case of U.S. v. Wong Kim Ark, the high court said, according to Fischer’s memorandum, “The notion that there is any common-law principle to naturalize the children born in foreign countries, of native-born American father ‘and’ mother, father ‘or’ mother, must be discarded. There is not, and never was, any such common-law principle.”
He also quotes the 1971 U.S. Supreme Court decision in Rogers v. Bellei: “Not until 1934 would that person [a child born to a U.S. citizen outside the United States] have had any conceivable claim to United States citizenship. For more than a century and a half no statute was of assistance. Maternal citizenship afforded no benefit.”
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“This is a huge case,” Fischer said. “This is for real.”
Fischer, a Democrat who has run unsuccessfully for several elective offices over the years — most recently for Riverhead Town assessor and Riverhead school board in 2015 — has announced his candidacy for N.Y. State Senate. He plans to challenge longtime incumbent Republican incumbent Sen. Ken LaValle, he said.
Ob.: No standing.