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In one of the active eligibility cases, Kerchner v. Obama—
the initial filing in the case was filed at 2:50 am on January 20, 2009, after Congress had confirmed the electoral college vote of Obama but just before he became bound to the Constitution through his oath of office.

It is also the most significant difference between the Kerchner case and all other cases filed on this subject.

First, the filing date and time occurred after the process had completed its course but before he took the oath of office and became bound to the Constitution. This process includes the election, the vote of the electoral college, and Congress’ action on January 8, 2009.

The significant point here is that Obama as a private citizen, and as the President-elect, still had an affirmative obligation to prove himself constitutionally eligible for the office.

from link thread

Obama’s Straw Man Defense - Kerchner v. Obama, Article II, eligibility

However Kerchner v Obama was dismissed by the trial judge. What is currently on appeal is the judge’s ruling dismissing the lawsuit for lack of standing. The actual question of Obama’s eligibility as Natural Born is not on appeal in this case.
The following is from the trial court judge’s ruling:
III. CONCLUSION
For the foregoing reasons, the Court will grant Defendants’
motion to dismiss for lack of subject matter jurisdiction. The accompanying Order shall be entered.
October 20, 2009
JEROME B. SIMANDLE
United States District Judge

In a statement on his blog, Apuzzo said the next step in his case is a decision from the court.

--This is to inform everyone that the Kerchner et al v. Obama/Congress et al case has been tentatively listed on the merits on Tuesday, June 29, 2010, in Newark, New Jersey. It may be necessary for the panel to move the case to another day within the week of June 28, 2010. The Court will notify us if there is a change.

The panel will determine if there will be oral argument and if so, how much time each side will have to argue. We will know if there will be oral argument no less that one week prior to June 29, 2010.