Speculative at best. A constitutional scholar I trust more than your speculation is Dr. Alan Keyes, who is a party to a trial that starts tomorrow questioning Obama's NBC status, among other things.
Well, while I'm not a former Ambassador, I am a practicing attorney - unlike Keyes. I also understand the difference between a trial court and an appellate court. The case that you allude to his going to be heard in front of three judge panel in the US 9th Circuit Court of Appeals - quite clearly not a trial court, so there will be no trial.
The district court already heard plaintiff's case and dismissed it - probably for lack of standing as a nonjusticiable political question. The chance of the plaintiff(s) prevailing on appeal with the case remanded for trial in a lower court is precisely 0.00% - you know, like ALL the other birther cases that have been dismissed for those very same reasons.
I believe this is at least the second such case Keyes has been party to. I'm sure this won't end any differently than those prior cases.