You might want to take a look at this:
I have already, and I already knew this was where most of the ammunition was coming from. I don’t buy it.
I agree with you that this argument will not hold, but not because of the merits. Merits don’t matter, politicians will not touch this issue and would no more deny Obama his office than enforce the Constitution. Supreme Court Justices are just an odd sub species of politican in the final analysis.