Nope, he's still in. The problem is that Rule 40 only has teeth on the first ballot.
Because after the first ballot, the delegates can vote as they wish. If a majority in 8 or more states switch to Romney, then he CAN be nominated under Rule 40.
At least that's the way I see it.
Agree and maybe he can get the majority of eight. But don’t forget those or 2012 rules and
the 2016 convention will adopt their own. So who knows what changes could happen. Politics
is a little like sausage making so who knows what may get into the mix.