From what I understand, Berg has already announced plans to appeal the dismissal to the SCOTUS. The best that the SCOTUS could possibly do - IMHO - is agree to hear the case on an expidited basis and having done that, agree that the District Court erred in dismissing the case. The result of that would probably be to bounce it back to the District Court to be reinstated there. Having said that, it appears Berg's chances in court are slim. His best bet is in the "court of public opinion."
I had heard from another source that Berg has in his possession more than the Kenya grandmother audiotape; and that he has a Kenyan birth certificate. I really don't know that for a fact at this point, since Berg has never mentioned it.
“I had heard from another source that Berg has in his possession more than the Kenya grandmother audiotape”
That point alone is enough to keep this issue growing. Since his grandmother is a witness, his COLB [vault copy] is the only political solution to end speculation.
As for court problems, the voter is supposed to uphold the Constitution in the way he/she votes. I’ve always thought that would be the most likely route. Once the info comes out, Obama will lose political support.