Failed ‘Birther’ Suit Against Cruz Appealed to Supreme Court

  • Suit in Utah is among several over Cruz's birth in Canada
  • Cruz was born to an American mother in Calgary in 1970

Lazer Axelman (left) has Republican presidential candidate Ted Cruz autograph his cowboy hat on April 6, 2016, in the Bronx.

Photographer: Bryan Thomas/Getty Images
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A Utah man became the first to ask the U.S. Supreme Court to take up a “birther” lawsuit against Ted Cruz which challenges the White House hopeful’s eligibility for office.

The request by Utah attorney Walter Wagner, who is representing himself in a case thrown out by a trial judge, was placed on the high court’s docket in Washington this week. The justices probably won’t take up the appeal in order to signal that such cases shouldn’t be taken seriously, said Nate Persily, a professor at Stanford Law School.