There you go. The courts in a roundabout way is telling you they don’t have the balls to judge whether if Obama is a natural born citizen. Hey they say, we are not going to stick our necks out if Congress won’t. They are setting aside their judicial review of Congress in this case. The word that describes the courts here is cowardice.
They actually wrote in Berg and affirmed in Kerchner:
“This court affirmed the order dismissing the suit, agreeing that ‘a candidate’s ineligibility under the Natural Born Citizen Clause does not result in an injury in fact to voters.’”
I didn't make this quote up. It's in the ruling! This sentence in the ruling “offends the conscience” (well my conscience anyway).
If there is any chance that the En Banque 3rd Circuit Court or SCOTUS might overturn this it could be on this point. Perhaps only SCOTUS has the latitude to overturn precedent on standing when equity demands it.
Kerchner still has the problem that even if he is injured his injury is not “particularized”. Only McCain, Palin or perhaps Keyes (as clearly suggested by Judge Carter) would seem to have a particularized injury in a Quo Warranto action.
Apuzzo has pissed off the 3rd Circuit by failing to cite the Berg case sufficiently and failing to recognize (in the Court's view) that the Berg dismissal on appeal rendered the Kerchner case appeal frivolous as the issues had already been rejected.