Another birther case challenging Sen. Ted Cruz’ eligibility to be president has been thrown out. This time it was a federal judge in Texas that did the honors. U.S. District Judge Gray Miller dismissed the case Wednesday, saying there’s no legal basis to question the senator’s status as a “natural-born” U.S. citizen.

In this case, the Cruz legal team argued the court system shouldn’t “entangle itself in a political controversy” and should steer clear of an issue the Founding Fathers reserved for Congress:

The Constitution commits decisions about presidential eligibility to the House of Representatives and the Electoral College.

Unfortunately the plaintiff Newton Schwartz, an attorney who represented himself, made it clear he intends to appeal to the U.S. Court of Appeals in New Orleans:

“You just want me to make a decision one way or the other,” the judge said to Schwartz. “And quickly,” Schwartz replied. “We want to get to New Orleans as fast as we can.”