Nothing quite matches the titillating taste of irony. Cruz is adamant in opposing Obama's right to appoint a replacement for Justice Scalia. If he is successful in blocking an appointment, the court will operate with four liberal and four conservative justices.
A case has been filed to disqualify Cruz from running for president on the ground that he is not, "A Natural Born Citizen." Imagine if the case clears procedural hurdles such as standing, and an appellate court disqualifies Cruz. The case would proceed on an expedited basis to the Supreme Court.
Liberal justices who generally take a more expansive view of the Constitution would almost certainly side with Cruz. Strict constructionists on the other hand are the most likely to find that a president must be born in America. The Supreme Court does not like to tread in the political arena. A 4 to 4 decision has the benefit of not setting a precedent, but merely leaving the lower court decision in place.
For want of a 5th liberal justice, Cruz would lose.
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