“...By extension, the theoretical constitutional harm experienced by voters does not change as the candidacy of an allegedly ineligible candidate progresses from the primaries to the general election.”
If I'm interpreting this correctly, Judge Surrick’s opinion is that if Obama is in fact constitutionally ineligible to hold office of POTUS, then “harm” to voters can only become a reality ONCE HE IS IN OFFICE.
Therefore, no harm exists at this time to voters.
That's almost analogous to stating that “attempted murder” is not a crime, because no one was actually murdered.
Where is the decision printed up? - the Judge may have suggested the Congress could be prompted to take up the issue at the certification of the Electoral College Results, Jan 6th, 2009.
If voters vote for a non-citizen for President and are not informed that this person is a non-citizen, then they are harmed because their votes are invalid. It seems that there is harm and it involves millions of people.
Surrick’s ruling seems just crazy to me.