Actually, it MIGHT get to court WITH standing ...
There are several eligibility laws being considered [in 5 states, I believe]. Some will require ALL the documents for a candidate to be eligible. Since NBC is a requirement [and it has never been defined], Obama [who CERTAINLY has standing] would have to go to court for a ruling - if the state SOS found that he could not certify him NBC [again, since NBC has not been defined, a state SOS COULD NOT declare him so].
It would have to go to SCOTUS ...
I agree, it should go to the Court for definition, especially given the ease of travel we have today. However it is defined though - Vattel or English common law - it won't be retroactive to President Obama, meaning he was eligible based upon the inconclusive phrase as it exists today.
At best, he may be prevented from running in 2012, but there is nothing that'll toss him out now because his eligibility is changed at some future point.