Expect the courts to give a good rip about this as much as Bush cares about our nation being overrun by illegals.
It's not an issue for the courts. Under Article I, section 5 of the Constitution, the Senate is the judge of the qualifications of its members. The Senate has seated Kerry, thereby determining that he is not disqualified.
So you think a compromise solution is better than no solution?
I don't care who else cares. I care! (Illegals are truly GWB's blind spot...)