Jeeze. Alito and Thomas know only congress can remove a sitting president sworn in by the chief justice. This idea that they could go to court and sue under the claim that Obama was never ever president is silly, especially with his two new SCOTUS justices now on the court.
What now, sue the court claiming that Kagan and Sotomayor are not really justices?
Imagination-land!
Wrong. Apuzzo’s case was filed before he was POTUS and after he was POTUS. The case is being tee’d up for SCOTUS because it has gone through the appeals court.