This isn’t an issue for the courts. Under the Constitution, it’s decided by Congress-—IF a Senator or Representative submits a signed, written objection to the qualifications of the President-elect-—AFTER the Electoral College votes are counted.
Not gonna happen.
That said, the fact that the courts won’t decide this question is separate from the fact that, IF there is evidence that is relevant to Obama’s qualifications or fitness for office, that can be “decided” by the public.
Out of fairness to all parties the judge could still allow discovery to move forward even if he's leaning toward dismissing the case. That's what I'm hoping he does since it would force Obama's and the DNC's hand.