If the horse is not dead, then someone needs to put up or shut up.
I am skeptical about this but if true the “Obama has some explaining to do”! Now this Philadelphia judge who appointed him?
In following the evolution of the 1934 Act, it appears that the 1952 Act has the relevant precedent conditions (with the stipulation that bHo's mother is a US Citizen and bHo's father is not a citizen (an "alien"):
..."In the case of a child born to one U.S. citizen parent (the mother in this case) and one alien parent (the father in this case), the U.S. citizen parent now had only to be physically present in the United States or its outlying possessions prior to the child's birth for 10 years, at least 5 of which were after the age of 14. ...The physical presence requirement could be satisfied by mere presence in the United States even if the person had not established a legal residence there.
So assuming (in the best case) bHo was born in Hawaii to an 18-year-old mother, the "physical presence in the US or an outlying possession" clause is met, but not the "5 years after the age of 14" clause. (Since 14 + 5 = 19)
If born in Kenya, then the "5 years after the age of 14" requirement still is not fulfilled.
The significant differences between bHo's case and Sen. McCain's case are the citizenship status of the parents. bHo apparently had 1 US citizen parent and 1 alien parent (needs a definitive source here); Sen. McCain had 2 US citizen parents.
Just my $.02, based on a quick read at the referenced link, FWIW, and definitely bears detailed reading of the Act itself...