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New York Judge Throws Out Birther Suit Against Ted Cruz

Presidential hopefuls in KansasPresidential hopefuls in Kansas
GOP Presidential candidate Ted Cruz meets with supporters after addressing the Kansas GOP caucus at Century II in Wichita, Kan., on Saturday, March 5, 2016. Photograph by Bo Rader—Wichita Eagle TNS via Getty Images

A New York state judge has thrown out a challenge to Ted Cruz’s eligibility to run for president.

But that’s not because the judge believes Cruz fits the legal definition of a “natural-born citizen.”

The judge, David Weinstein, did not address the suit’s concern that Cruz is not eligible to run for president due to his birth in Canada, instead throwing out the case because the challenge was filed after the deadline to raise issues with the candidate, according to USA Today.

He also stressed the lack of precedent in the case, according to New York: “Moreover, were I to address the substantive question underlying this case and rest jurisdiction on a series of exceedingly thin legal reeds that have never been adopted by any court in this state, it would as likely create chaos and uncertainty as provide clarity.”

Barring a successful appeal, Cruz will appear on the Republican primary ballot in New York in April. But Cruz’s status as a natural-born citizen wasn’t only challenged in New York: the candidate is also facing suits in several states, and Donald Trump has threatened to file a personal suit as well.

Cruz maintains that since he was born to an American mother, his natural-born citizenship status is secure.