This could get ugly – quickly.
Here’s the full deal for SCOTUS (it is lengthy):
SCOTUS could TOTALLY IGNORE the issue and refuse to hear the case, citing lack of standing, but I think that they won’t. If they ignore this, then they might as well throw the Constitution out the window. It wouldn’t be worth the paper its written on. Anyone could then thumb their nose at the Constitution. I think they have to hear the case and demand the birth certificate.
Assuming Obama is found ineligible:
1. If BEFORE the Electoral College meets, McCain’s electors from all States would be seated (since Obama would not have been qualified) and the vote would be 538-0 (Article II, Section 1, Paragraph 3). This would happen because Obama would not have been qualified to run in the first place. Biden would be VP since the 12th Amendment provides for the separate election of POTUS and the VP. Biden would be eligible and his electors would elect him. Thus, a McCain/Biden term.
2. If AFTER the Electoral College meets and certifies him, but BEFORE inauguration, the 20th Amendment provides that, if before the time fixed for the beginning of his term, the President-Elect shall have failed to qualify, then the Vice President-Elect shall act as President until a President shall have qualified. The same scenario as in (2), above, would then likely apply.
3. If AFTER inauguration, the 25th Amendment would apply and Biden would be President and choose his VP (with Senate confirmation). However, McCain might be able to sue – based on fraud and demand that the scenario provided in (2), above, be applied. Or, barring that, a new election.
4. Of course, SCOTUS could decide to avoid (1), (2), and (3), above, by declaring a fraudulent election and ordering a new one with verified eligible candidates. This would necessitate the implementation of Continuity Of Government laws – allowing Bush to remain POTUS until the election. Probably with the caveat that no new laws be passed in the interim.
5. Here is another wrinkle … the Immigration Control and Reform Act of 1986 (IRCA) mandates employment eligibility verification. POTUS is a federal job and ALL federal jobs require this. Who would do it – I don’t know. Hopefully, the Electoral College. If SCOTUS does not require verification (in this case, including natural born status), then it would set a precedent in violating the law.
If no verification is done, then (I suspect) any employer recently fined and/or convicted for using illegal workers would have immediate grounds for dismissal on the grounds of 14th Amendment Equal Protection and discrimination violations – WHAT A MESS!
What “case” is presently before the SC? I had read that Berg’s case was already ruled “no standing”, and did not know anything about another case. Thanks for your detailed information! Just trying to learn more and need a lot of help!!