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(Bloomberg) — Republican presidential contender Ted Cruz should be disqualified from the race because he isn’t a “natural-born citizen,” a fellow Texan claims in a “birther” challenge filed against the senator in a U.S. court.

The suit seeks a court definition of the term to clarify whether Cruz — who was born in Canada to an American mother — can or can’t serve if elected.

“This 229-year question has never been pled, presented to or finally decided by or resolved by the U.S. Supreme Court,” Houston attorney Newton B. Schwartz Sr. said in his 28-page complaint. “Only the U.S. Supreme Court can finally decide, determine judicially and settle this issue now.”

Claiming that “time is of the essence” because of the rapidly approaching Iowa caucuses and March 1 Super Tuesday primaries, Schwartz asked that the case be expedited for resolution by the nation’s highest court as soon as possible.

“Cruz should have initiated this declaratory judgment himself especially now with his eligibility being questioned from so many diverse sources by his opponents,” Schwartz wrote. He cited Republican presidential front-runner Donald Trump’s questioning of Cruz’s eligibility on the basis of citizenship last week and multiple TV commentators discussing the subject.

The case is Schwartz v. Cruz, 4:16-cv-00106, U.S. District Court, Southern District of Texas (Houston).

To contact the reporter on this story: Laurel Brubaker Calkins in Houston at laurel@calkins.us.com To contact the editors responsible for this story: Michael Hytha at mhytha@bloomberg.net Peter Blumberg, Michael Nizza

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And Mr. Obama is a citizen and eligible to be president????—–W.