The first question is whether SCOTUS has the power to compel the NJ Secretary of State to demand proof of Obama’s place of birth. If the answer to that is “no,” the Court does not need to consider any other question.
So does it all boil down to “jurisdiction.” Do you think SPOTUS will say they do not have “jurisdiction” here? I don’t think they will do this here.
Although if the Secretary of State did their job in each state and verified maybe we wouldn’t have needed to go to the SPOTUS.
I think the “natural born” issue is what it boils down to and not the actual original birth certificate. Leo Donofrio discussed it in great detail on Plain Radio a few days ago.
If the Brethren were so inclined, they could finesse it under the Commerce Clause. Ghu knows there’s enough precedent, and this time for once they’d be doing it for the right reason.