They have ducked it. Until they accept an appeal to hear a case on its merits, this schmuck judge has just as much right to say what he said as anyone else. Of course he is an obnoxious anus, but then again, he is pretty sure he won't be reversed because the case is going nowhere on appeal.
It's like Sheriff Joe, OK. He has the goods on Obama. So frickin' what? Where's he supposed to take the evidence? Cops are not triers of fact. If the SCOTUS won't correct them, lower courts can do as they wish.
In other words, some state official (AG, Governor, etc) would have to take Obama off the ballot, which they have a perfect right to do under state constitutional authority, and which in fact they do in many an election. They rule on the eligibility of candidates for every office in the state! If a candidate removed from the ballot, has a beef with the official's decision, that candidate beconmes the PLAINTIFF and the State THE DEFENDENT, automatically giving the PLAINTIFF standing in a lawsuit seeking relief.
That's the way to get this to the SCOTUS. However, since NOT ONE, NOT 1 state official in the country has seen fit to do his constitutional duty and honestly question Obama's eligibility, he ran, won, and serves ... although IMNSVHO ...constitutionally ineligible to do so.