Again, I don't see how you could know that so I'll chalk that up to your stating your opinion.
He was off the ballot until the plaintiffs opened their mouths.
How do you know that? Silence got them nothing and Malihi could have ruled any way he chose, as is evident.
What other possible negative outcome was there. This was an administrative hearing - the only issue at hand was whether Obama was eligible to be on the ballot.
Only two possible results - on the ballot or off the ballot.
So you tell me - what difference would the BC make? On the ballot or off the ballot are the only two choices.