Not quite swatted down -- at least not the decision I read last night.
Martin filed (for?) a "writ of mandamus", which is basically an order for a government agency/official to act. In this case, it was a demand/request for action before the election. That was turned down.
However, if I read it correctly, there is still a hearing scheduled for 11/07/2008. That will apparently go on as scheduled.
If I can find the link to it again, I'll post it.
You are right, but the effort as I understood it was to obtain this information in time for it to be presented to the electorate BEFORE the election.
http://www.state.hi.us/jud/opinions/sct/2008/29414ord.pdf
If I understand it correctly, there is/was an action pending in the First Circuit Court of Hawaii, with Judge Abaye. Abaye has apparently scheduled a hearing on 11/7/2008, requiring Martin to appear in person.
Martin appealed to the Supreme Court for an expedited hearing, which was denied. But, the order also appears to turn down his original demand (for the birth certificate) as well. I don't know if that renders the Circuit Court hearing (on 11/7/2008) moot, but I suspect it would strongly influence Abaye's decision. :-)
I do find it interesting that the decision doesn't address the original issue at all. It only (effectively) says: a "writ of mandamus" is an extraordinary effort that should only be used to compel action that is mandated by law. But, the law grants the Department of Health discretion, and we (the court) aren't going to override them.
I'm not familiar with this state's law, but it's clear the courts will continue to stone-wall this. Maybe there's a procedure for appeal to the Dept. of Health, but that's not likely to go anywhere, either.