[so_real]

However, it’s scary to think: would the SCOTUS allowed this to happen, without review, if Leo hadn’t brought it up in the first place?!

You know ... that is a d*mn good point. The Balance of Powers at the Federal level is certainly slacking. Relying on the private sector to draw the SCOTUS into a "reactive" position is *not* the same as them being "proactive" in balancing government power as the Founders had intended. Certainly they should have jumped into the fray of their own volition earlier.

[BP2]

>>>Certainly they (the SCOTUS) should have jumped into the fray of their own volition earlier.

I HOPE the reason could be:
1) they weren’t aware of Obama’s dual citizenship issues
2) the Constitutional requirement is that only a Natural Born Citizen can HOLD the office of President. Not run for the office, but HOLD the office — they didn’t want to interfer with the Election process until it became an actual problem

Their rules allow them to hear ANY case, regardless if it referred to them via appeal or not.

I say I HOPE this, because it’s FAR more sinister if the SCOTUS actually realized this and was going to let it happen anyway ... I don’t even want to ponder that ...

[Non-Sequitur]

Certainly they should have jumped into the fray of their own volition earlier.

They can't. The Supreme Court, or any court for that matter, can't go out trolling for work. They can rule only on matters which are brought to them.