I do not believe that judges are infallible. That’s why we have various levels of appeals courts with panels of justices ruling at the appellate levels.
However the rulings of original jurisdiction judges stand unless and until they are overturned.
I also believe that since the major party opposing candidates (McCain, Palin, Romney or Ryan) and the major opposition political parties did not contest the eligibility of any candidate nor the outcome of the election on Article II or 14th Amendment grounds, there is no judge anywhere in America who would attempt to overturn the electoral will of a majority of the electorate and the Electoral College.
Sorry, but it is disingenuous to claim that since none of the major candidates challenged Obama’s eligibility, that no judge would overturn an election. Candidates in 2008 primary elections did challenge Obama’s eligibility, but legal action was delayed until no court remedy was available.
No judge can remove a President from office. Once elected, Obama would have to be impeached. But, challenges were also made for ballot eligibility in the 2012 election. They were amateur attempts, by people with nothing to lose.
And therein lies the reason this issue has been not been given a proper hearing, without relying on unrelated precedents. Anyone questioning Obama’s eligibility has been ridiculed as a racist. This has been standard tactics by his supporters: shout down challengers before anyone starts to listen.
50 years ago, those same people would been ready to make the same challenge if Barry Goldwater had not been so far behind in the polls. And their Democrats were preparing to do so. Goldwater was born in Arizona before it became a state, leaving room for doubt.
If you are so sure you are right, then would you object to a full hearing by the Supreme Court? Forget all the previous precedents, and let both sides present the evidence, and focus on what the authors of the Constitution meant when they wrote: natural-born citizen.
You and I can’t make this happen. But, it’s the only way to settle the issue.