It couldn't have been done a year ago, or anytime before the the election by McCain.
Read this or this. The second relates to McCain's citizenship, but the concept is the same -- first you have to prove harm, and you can only do that once harm (in this case, losing an election) has occured.
I'm not even sure who Hillary would sue in the case of the primaries -- her own Party? There are no laws governing party procedures. No, she would have had to make a public issue of it somehow -- and alienate the Democrat's black constituency, bringing down the wrath of the press and outraged charges of racism.
I did not mean someone should have sued; I meant this is part of the vetting process. The McCain campaign certainly could have and should have raised these issues, with special emphasis on the mysterious background of Obama. Hillary should have called on Obama to release all of his personal records, including his college transcripts, passport information, etc.
I for one DO believe that what’s good for the goose is good for the gander. If McCain does not fulfill the requirement that the founders set forth, then I would accept that on principle. That’s where I part company with the Left. They would NOT accept the same about Fauxbama because with them, nothing is ever “on principle,” but tainted with their own emotions and illogic. In other words, I can separate my ideals, moral compass, and sense of justice from a specific political party.
As much as I absolutely honor and admire McCain’s war record, I would have been willing to see the higher courts adhere to the Constitution than to a really loyal patriot who did not fulfill the Constitution’s requirements. It’s the constantly moving target that’s driving me nuts.