It is not clear to me whether Sarah Herlihy's involvement was to legally protect Obama from ineligibility due to being a potential dual citizen or foreign birth or both. I don't believe there was any such trial of McCain or out-of-court settlement (link welcome, of course).
Yes, there was a non-binding resolution in the Senate supposedly affirming that McCain was NBC. But the Senate has no power to redefine the language of the Constitution. Only SCOTUS has that power, which is why the resolution was non-binding.
McCain's admitted problem had to do with being born outside the territorial USA and is totally different from Obama’s admitted problem of being the son of a UK subject. McCain does not admit to a dual citizen problem that he might have it he were born on off-base Panamanian soil as some claim. Obama does not admit to a non-US birth problem.
My suspicion is that Obama’s expensively hidden HI vital record opens a path to discovery of a non-US birth along with amendments that claim an HI birth. HI officials are bound to honor the amended conclusion of an HI birth but are legally unable to disclose the amendments or source of the original birth report and the claimed location of the birth.
The best brief on McCain's problem was written by Gabriel Chin, a professor at U of Arizona. Panama was one of a very few countries with U.S. military bases which applied jus soli to any child born on its soil. A case could be made that McCain is a Panamanian citizen. The U.S. passed a non-retroactive bill the year after McCain was born to rectify the Panamanian exception. McCain, it turns out, did provide a birth certificate, which showed that he was born in Colon, not on the Coco Solo base, which didn't have a hospital. His vulnerability squelched any objections to Obama’s jus sanguinis violation, which was just as flagrant. McCain was, after all, a war hero and POW. One could argue, and I agree, that no one would question McCain's allegiances, but running for president is not a right.
Most U.S. citizens are natural born citizens. The illegitimate son of Hugo Chavez, born to a prostitute from Ukraine in San Diego can become a senator, but not president, unless the Jay, Washington, Marshall, Hamilton, Vattel, Waite, Bingham, U.S. Common Law definition of NBC is upheld. He would be a "native-born" citizen by our 14th Amendment, just as Obama has described himself. "Native-born" is not the same as "Natural-born." Our titular president shares his father's dreams of a Marxist Kenya and campaigned for his Marxist cousin, Odinga, supporting the conversion of Kenya, a Christian majority nation to Sharia Law by 2010 during the Kenyan presidential elections in 2007.
Here is one case from New Hampshire. It wasn't settled out of court, but the judge refused to grant standing, in spite of the fact that the case was brought by a candidate for president, Hollander.
http://moritzlaw.osu.edu/electionlaw/litigation/documents/Hollander-Order-7-24-08.pdf
I agree with you that the Senate didn't have the power to make McCain an NBC, and that Obama’s ineligibility is a jus sanguinis and not a jus soli deficit. Neither was constitutionally qualified. That was the strategy. Let Congress decide who was eligible.
But we still pretend to separation of powers. The legal path to the removal of a usurper president has not been tested. Two senators have been removed. If Obama isn't removed, the law suits sure to follow to disqualify any bill he signed are sure to come. He hasn't the executive authority to confirm legislation.