Found without merit or found without standing? I have not seen the former and would love for you to point to where this has actually been adjudicated on the merits.
In the Ark case, many of the arguments used by the birthers (including heavy reliance upon Vattel) are used in the dissenting opinion.
I would say that those arguments were therefore presented before the Court, and as the Court (in it’s majority) discounted those arguments, those arguments were found to be without merit.