A New York Judge will hear arguments Tuesday on a lawsuit challenging Republican presidential candidate Sen. Ted Cruz’s eligibility for president.

According to Newsday:

State Supreme Court Justice David Weinstein is considering the claim by two men who say Cruz isn’t “a natural born citizen” of the United States as constitutionally required for eligibility.

Cruz was born in Alberta, Canada, though his mother was a U.S. citizen living there. His father was a native of Cuba.

Barry Korman and William Gallo argue that in American common law citizenship status cannot simply pass from parent to child.