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I agree with you on this point, and I’m pleased to have been finally able to find something. I am unaware of any case where they have written an opinion that is directly related to the question of Presidential eligibility. That would require a challenge to a particular candidate and would probably have to be brought by a competitor. I don’t think that we mere voters would be allowed to bring a suit.

I also think that the matter is moot in the case of the current President. Therefore, he will remain the legitimate President until the next election save an impeachment trial and conviction by the U.S. Senate. I would think that an opponent in the 2012 election could bring suit, but I doubt that will happen. The politicians don’t want to touch this issue with a ten foot pole and the Judiciary won’t get anywhere near it unless they are forced into a corner.

However distasteful that may be for you, its the most likely outcome. Like you said, its a political issue and politics is a nasty business.

It is likely that John McCain would be granted standing to sue Obama. It is even possible that a conservative judge would grant standing to Sarah Palin since she could conceivably have been president if McCain died or was incapacitated. It is even within the realm of possiblity that the national Republican Party could have been granted standing to sue Obama as ineligible. But none of those entities chose to file suit or even submit a “friend of the court” brief in support of any Obama eligibility lawsuit.
And don’t forget that Nixon left office via resignation after being named as an unindicted co-conspirator by the Watergate Grand Jury. Evidence of fraud, forgery or election fraud could force a resignation.

The 20th Amendment isn’t about the time between the election and January 20th. It’s about what happens on January 20th if the President elect has “failed to qualify” by then. At that point only the VP elect can “act as President”. The 20th Amendment governs what is supposed to be happening TODAY.

Obama is not allowed to have the presidential powers right now.

Anybody who is harmed by him illegally exercising those powers has standing to sue right now - to sue for the violation of the 20th Amendment to be remedied.