EXCLUSIVE PICS: Behind the Scenes Before the Fox News GOP Debate

Everything You Need to Know About Tonight's Fox News GOP Debate

Ted Cruz claims he is the only Republican presidential candidate who can take on Donald Trump, but he might not even be eligible to run, according to a lawsuit filed in New York.

A New York state judge is hearing arguments on the meaning of "natural born citizenship" and how it applies to Cruz, who was born in Canada to a Cuban-born father and an American mother.

On "Shepard Smith Reporting" this afternoon, former federal prosecutor Doug Burns said it's not clear if a state judge can even rule on a matter of federal law, but "the weight of legal and historical authority is clearly on the side of Ted Cruz being eligible."

Burns explained that a majority of legal scholars, law professors and other experts are in agreement that this is a non-issue.

"I'm not coming at this politically. It has nothing to do with what I think of the candidates, [but] legally there's no real question," Burns said. "It's crystal clear."

He said that even though the Supreme Court has not squarely ruled on this specific issue, Cruz is almost certain to prevail.

Watch more of Burn's analysis above.

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