Ping
The real presidential election hasn't taken place yet. The Electors don't meet in the state capitals until 5 December. Courts are scared witless over this case, which is why every one to date has found some basis for dismissing the cases filed (usually standing). It doesn't help that the lawyers bringing these cases have a bone-rattling lack of knowledge about bringing election law cases.
The one plaintiff who could force a court to decide this issue, rather than running screaming into the night to avoid the issue, would be a Presidential Elector pledged to support Obama. State laws require that Electors vote as pledged. However, state courts are required to obey and enforce the US Constitution.
Therefore, if an Obama Elector (probably one with prior ties to the Clintons) brought a declaratory judgment action in STATE court, to resolve the conflict between a law that says vote for Obama, and the Constitution which says Obama is not eligible. The court, even the Supreme Court eventually, would HAVE to decide that case.
There are other reasons, including precedents in state courts, which I have skipped here. Suffice to say, I have tried more cases concerning the right of presidential candidates to appear on the ballot, than all the attorneys who have messed around with these birth certificate cases put together. That includes two wins in the US Supreme Court (for Gene McCarty in 1976, and for John Anderson in 1983).
This can be done, if it is done right. But time is running out for a competent case that the courts would HAVE to decide.
Congressman Billybob
Latest article, "The Barack Obama - King George Connection"
The Declaration, the Constitution, parts of the Federalist, and America's Owner's Manual, here.