And Obama is the heart of the example in the appeal.
Absolutely.
If the Alabama Supreme Court finds that the SoS has a duty to check for eligibility, then they have to decide if that duty applies only to future elections, or is there some sort of remedy for the previous election. The plaintiffs are asking that birth certificates be requested from all candidates. What’s the probability that Romney will submit his birth certificate? It won’t change the fact that he lost. And if Romney doesn’t submit one, why would Obama? The plaintiffs are asking the Alabama Supreme Court to decertify votes. Since the Alabama Supreme Court has absolutely no authority over the Electoral College, what can the ASC really accomplish? Obama received no electoral votes from Alabama.