I disagree.
Judge Carter, after hearing oral arguement from Kreep and Taitz, said “I haven’t made up my mind yet.” That, in my view, indicated that it was a close decision and close decisions can be reversed on appeal, which is pending!
Further, Judge Carter refuted the DOJ contention that POTUS was exempt from quo warranto and specifically referred the plaintiffs to the DC District Court. In quo warranto the burden of proof would be on Obama, and just this week D’Onofrio announced that he will bring a quo warranto action in that court on behalf of the Chrysler dealers.
Unfortunately, (non-lawyer guessing here) D’Onofrio would be forced to abandon his quo warranto action if the Chrysler dealers accept an out-of-court settlement offer. I certainly hope that doesn't happen!
So dicta are irrelevant, but one can read volumes into a judge simply being polite and dispassionate, which is his job. His opinion sure doesn;t read like a close call.
Cling to whatever hope you want. But no on versed in the law believes that appeal has a snowball's chance in heck. To believe that, you simply don't understand the reasons why dismissal was granted.