Actually, that is wrong. The 20th Amendment says, “if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified”.
If Obama failed to qualify, then he was not qualified during the entire time he was President elect. Biden should then be declared Acting President. Everything Obama has done would be null and void. Everything.
In turn, that would trigger race riots the likes of which this nation has never seen, which is why the USSC will not address the issue. The legal scholars on the Court know all that. They know Obama hasn’t qualified and that if he could qualify, then he would have done so by now. But they will do nothing, for fear of tearing the nation apart.
Obama and Biden got the majority of the electoral votes, and I'd be willing to point you to any number of sources that agree with that. They won the election, they were sworn in in January, and the 20th Amendment no longer applies. Now if for any reason, any reason at all, Obama is removed from office then Biden is President per the 25th Amendment.