NY case on Ted Cruz's eligibility pushed to Thursday

New York Board of Elections is defending against the suit

By Theodore Schleifer CNN

A New York judge will no longer hear the case challenging Ted Cruz's eligibility to be president on Super Tuesday, a day when multiple states will weigh in on the presidential race.

The case has been pushed back to Thursday at 2:30 p.m. ET, the plaintiff's attorney, Roger J. Bernstein, said -- a date when no Republicans will be casting ballots.

Individual cases have been filed in separate states questioning Cruz's eligibility to serve in the White House. Cruz was born in Canada to an American-born mother, which most legal scholars agree makes him a "natural-born citizen" as required under the Constitution.

But the matter has never been settled in court.

David Weinstein, a New York State Supreme Court justice, will hear the case pressed by two men, William Gallo and Barry Korman. The New York Board of Elections is defending against the suit.

The controversy has been seized on by rival Donald Trump who has cast doubt on Cruz's eligibility, and spread questions about his upbringing.

The case was scheduled to be heard at an inopportune time for Cruz: He has staked his entire campaign on a strong performance on Tuesday, when 11, mostly Southern states, will vote.

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