austin texas republican ted cruz ask federal court houston throw lawsuit question whether eligible president unite state bear canada say case suffer fatal deficiencies lawyers cruz contend file make monday u.s. senator texas meet constitutional requirements serve president houston lawyer try court block bid stand bring case senator cruz natural-born citizen eligible serve president unite state motion dismiss say add plaintiff essentially implicate court political dispute lack authority adjudicate lawsuit bring january newton schwartz 85-year-old self-described liberal also cite cruz stance issue abortion right gay marriage bible 27-page argument senator eligibility lawsuit file southern district texas class action mean others join request rule nov. presidential election lawyers cruz also argue yet republican party nominee would premature court address issue nowhere plaintiff acknowledge democrat ... explain harm senator cruz presence republican primary ballot cruz file say billionaire donald trump front-runner race republican presidential nomination repeatedly question whether cruz eligible warn win nomination could throw party chaos hand election democrats cruz bear calgary alberta 1970. time mother u.s. citizen father cuban dismiss attack eligibility note file 2008 republican presidential nominee john mccain 1968 republican candidate george romney also bear outside unite state consider eligible president u.s. constitution say president vice president must natural-born citizen say whether term mean candidate must bear u.s. soil citizen birth accord legal experts child bear american mother father matter consider u.s. citizen case schwartz v. cruz 4:16-cv-00106 u.s. district court southern district texas houston report jon herskovitz edit jonathan oatis article fund part sap independently create reuters editorial staff sap editorial involvement creation production cruz seek dismissal case challenge u.s. presidential eligibility