The Donofrio theory, on which this other suit is also based, always struck me as a non-starter. I think SCOTUS is taking the interpretation “natural born citizen = citizen at birth”.
The issue arises only because of the age of Obama’s mother. Under citizenship law prevailing in 1961, if Obama was born outside the U.S., he would not have been a citizen at birth. Under Hawaiian law in 1961, foreign birth could be registered with a Certificate of Live Birth, of which a genuine Certification of Live Birth is a shortened version.
No, wherever he was born, his parents announced his birth in their local U.S. paper because that’s where the U.S. part of his family lived.
The real question, and the main reason this is still going on, is why Obama hasn’t done the obvious thing to shut all of this down, and asked Hawaii to send a certified legal copy of his Certificate of Live Birth to the PA court where Berg filed suit. There is something he wants to hide in his birth certificate. What? He wasn’t a citizen at birth? His father was really the Communist Frank Marshall Davis? What? The other reason is that Berg claims that Obama’s Kenyan grandmother says he was born in Kenya.
Perhaps, but then it wouldn't list his birthplace as Honolulu, unless you are willing to believe that the state of Hawaii deliberately lies on its official documents.