That argument has quite a bit of merit, but I would be surprised if Obama's attorneys admit that. If so, a petition needs to be filed in the USDC for the District of the District of Columbia.
I have always thought such an action would be the best course of action to get to the bottom of Obama's qualifications; and quo warranto type actions move very quickly.
The most hilarious thing happened in the DOJ Motion to dismiss... they agreed with my Quo Warranto analysis and they stated that any attempt to test the qualification of the POTUS belongs in the DC District Court as a Quo Warranto. See page 16.http://naturalborncitizen.wordpress.com/2009/09/17/barnes-v-obama-important-discovery-is-available-now-according-to-judge-carters-order-of-sept-17-2009/