All the Alabama Supreme Court will be deciding in this case is whether or not the Secretary of State was required by law to verify the eligibility of candidates prior to placing them on the ballot. If they rule that the law did require it then the SoS was remiss in not validating Obama, Romney, and all the other candidates. If they rule the law didn’t require it then she’s in the clear. Either way, the stuff in the amicus brief is irrelevant to their deliberations, other than a reason why the law should be changed to require candidates be validated.
Certainly that should be the responsibility of EACH and EVERY state Sec of State before allowing a candidate's name on the ballot. Otherwise, many of the voters in that state, who vote for an unqualified candidate, risk being disenfranchised.
I asked the same question in Georgia and was told that 'the Democratic Party Convention certified 0bama's eligibility and that was accepted'. To me, that is totally unacceptable and demonstrates that the Sec of State's office has abrogated it's responsibility, not to mention the propensity of the dems to lie.