[LorenC]

Obama was served the [Kerchner] suit before he was sworn into office.

That's incorrect. Kerchner's suit was filed on Inauguration Day, January 20, and was not served on anyone until February 17, 2009.

[Red Steel]

Ok, however, the lawsuit was filed before Obama was sworn in.

Kerchner v Obama & Congress DOC 03 - Lawsuit filed 2:50 am 20 Jan 09 - 2nd Amend filed 09 Feb 2009