Donald Trump is bluffing. On Friday, ahead of the GOP debate, Trump tweeted, “If @TedCruz doesn’t clean up his act, stop cheating, & doing negative ads, I have standing to sue him for not being a natural born citizen.” Apparently, Cruz has been bringing the heat to Trump’s campaign, with his attack ads in South Carolina criticizing the real estate mogul for abusing eminent domain — using the government to take private property to give to another private party for personal use. In response to Trump’s previous rhetoric on Cruz’s status, a Houston-based attorney filed a complaint in the federal court system, petitioning the Supreme Court to take up the question of what defines a natural-born citizen. Attorney Newton Schwartz wrote in his complaint, “This 229-year question has never been pled, presented to or finally decided by or resolved by the U.S. Supreme Court. Only the U.S. Supreme Court can finally decide, determine judicially and settle this issue now.” We do have an answer to Cruz’s citizenship, though. The ballot commission in New Hampshire and the Illinois Board of Elections ruled that yes, Cruz is eligible to hold the office of president.

The key word in Trump’s threat is “If.” Trump’s move to sue is only dependent on Cruz’s campaigning style and his standing in the polls. If Trump actually thought he had a legal case, he would have already sued.