Not a lawyer, but I think this case could certainly be overturned by a higher court, esp the Supreme Court. Surrick is asking Congress to create legislation to enforce a Constitutional law already on the books. Like someone else said, this looks like he’s just punting this issue off. Its a hot potato and he wants nothing to do with this so he comes up with a load of manure for a ruling.
Note that this very, very late ruling has the (specifically-intended) effect of preventing effective time to counter and get attention to the legality of Obama’s birthplace.
Though, of course, if there were ANY evidence (even a doctor bill for the delivery, or a hospital parking fee or baby photographer's check) that Obama was born in HI, then the demoncrats could have shown it back in September. Instead, there is NOTHING - except statements from people back in Kenya that claim he was born in Africa because BOAC refused to let his mother make a 2-day flight so soon before delivery.