As Richard Feynman would say “Bad luck.”
It's simply incredible, isn't it, this massive, unbroken string of bad luck the birthers have. You'd almost think that legally they don't know what they're talking about. But that couldn't be, could it? LOL.
I am simply amazed that anyone is still looking to the courts to determine Obama's eligibility, after every court from the Supreme Court on down has turned them away (which, incidentally, was what every knowledgeable lawyer has been predicting would happen from Day 1). The Republicans now control the House of Representatives; there is not the slightest shadow of a doubt that the House can subpoena all of Obama's birth and citizenship records; but no one is putting their efforts there.