The courts are not in charge of everything, in fact, their unconstitutional role in elections is already too big.
This issue was decided by a special Joint Session of Congress on January 5, 2008, with Richard B. Cheney of Wyoming presiding.
That was the legal, constitutional venue for hearing this issue. Any Member of Congress or any Senator had the perfect right to raise this issue, which had been fully discussed, here and elsewhere, beforehand.
None did, and President of the Senate Cheney signed the papers.
End of story.
The story is not quite over because there are still lawsuits against BHO’s eligibility. The Quo Warranto provisions apparently can take care of the situation you cite as closure in that these apply to situations where office holders hold office because of fraud. I would guess that in case of Quo Warranto an issue might well be why were the facts about BHO not questioned or debated; granted such an issue might be so troublesome that courts will comtinue to stay far away. Perhaps Dr.Taitz’s Quo Warranto along with other’s pleadings will be a new story in USA history.