[The_Victor]

You may be right about clarifying “natural born citizen”, but I don't expect them to do so in a manner that will overturn the election. That would create a whole new Constitutional crisis, since the document is entirely mute on what to do if the president elect is ruled ineligible after the election, but prior to taking office.

[savedbygrace]

the document is entirely mute on what to do if the president elect is ruled ineligible after the election, but prior to taking office.

No, it isn't. The 20th Amendment is specific about that. The Vice President elect becomes Acting President on Jan 20, until a President is qualified.

However, the step after that is unclear. Who can qualify a President after the elected one fails to qualify? Apparently, nobody. If I'm correct about that, then we would have Biden as Acting President for four years.

[Always Right]

You may be right about clarifying “natural born citizen”, but I don't expect them to do so in a manner that will overturn the election. That would create a whole new Constitutional crisis, since the document is entirely mute on what to do if the president elect is ruled ineligible after the election, but prior to taking office.

Even if the Supreme Court rule Obama ineligible, the Senate would just ignore, and confirm Obama as the next President. The only thing standing in the way of Obama becoming the next president is the Senate, and they ain't stopping it.

[DBrow]

“since the document is entirely mute on what to do if the president elect is ruled ineligible after the election, but prior to taking office.”

I think that deficiency was discovered and addressed in the 20th amendment.

[DuncanWaring]

From the perspective of the Constitution, the only “election” that matters is that conducted by the Electoral College, and it hasn’t voted yet.

[RSmithOpt]

I do not see a problem if SCOTUS were to rule O ineligible with a ruling to uphold 'natural born' with the explanation for the decision.

Though never in the history of this nation for that to occur, it simply points out the incompetence and deceit now encompassing our government.

The court would not officially invalidate O for POTUS, they would lay that responsibility directly into the hands of the Congress to act to remove O from POTUS consideration.

As to who is decided to be the next president, well, the 20th amendment makes that call for Biden (scary).

[fzx12345]

I’m guessing that if Obama is declared ineligible, Biden would become president-elect. It’s a bit like if a winning candidate dies immediately before an election or between winning and inauguration—the opposition candidate does not win by default.

[lacrew]

“That would create a whole new Constitutional crisis, since the document is entirely mute on what to do if the president elect is ruled ineligible after the election, but prior to taking office.”

He is not technically the president elect yet. The electors don’t cast their votes until Dec 15...and I think the votes are tallied by congress in January.

Even after that, if he is proved ineligible, I would be stunned if Roberts would swear him in.

[nonsporting]

That would create a whole new Constitutional crisis, since the document is entirely mute on what to do if the president elect is ruled ineligible after the election, but prior to taking office.

Let the Court do what Obama wants: Interpret a LIVING Constitution.

Hoisted by his own petard.