This was in the 9th circus court, reality is not allowed in the courtroom, judicial fantasy rules.
The 9th Jerk-It Court of Schlemiels as Michael Savage calls them.
My read here: the 9th circuit wanted the matter of the veracity of the birth certificate to be one of the matters of the case itself. I.e. the prosecution would have to prove it phony in open court. Sounds more like a technicality to me. My attitude: Meh! if it is phony then show it phony and make this guy’s credibility fold. Why walk away from a gift?