They really should have done that. I read that Clarence Thomas made a statement to the fact that if Congress wasn’t going to address this, why should they.
I’m not sure exactly how it was stated - I wish I had saved the article. It really should have been in Congresses hands at least from what I’ve heard. I guess legally they are the only ones that could make an issue of this. We have no standing. I don’t like that at all!
There have been and are a number of court cases, but I don’t think any of them will go anywhere. If a conservative state (Utah?) passed a law stating future candidates are required to have both parents US citizens, then that law would become a court case that would settle the issue (I think).
If no one can get support for a law like that in a state like Utah (which is more conservative than Arizona), then no court is going to touch the case. They may be ‘ducking’ the issue, but they will continue to duck until they have a case that leaves no option.
Cases like LTC Lakin have other options for a decision, and they will take those outs.
All just IMHO. I’m not a lawyer, and the one time I was on a court martial board, the defendant plead guilty - all we did was determine sentence.