Technically correct. However, if they wouldn’t take it BEFORE Obama was sworn in, do you REALLY think they will take it up 2 years later?
I don’t.
SCOTUS has rules - such as "standing", etc. Lots of times, when a question is so politically charged, they hide behind the skirts of their robes and use procedures to justify why they won't even hear a case.
Now, lets say Obama wins the election in 2012 - if the GOP contender took it to SCOTUS, they COULD NOT refuse to hear it because he [or she] DOES have standing via quo warranto ...
I thought that “Qou Warranto” was used to remove a sitting official?
could you clarify?