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.
Typically, the press does the vetting -- they certainly did when it came to Bush, McCain, and even Kerry when forced into the debate by the SwiftBoatVets. They steadfastly refused to examine the inconsistencies in Obama's birth narrative, or much of anything negative in his background.
Hillary? The only time she could have done it, without alienating the black vote, would have been early on, before the primaries began, and he hadn't yet locked down that constituency. Aside from the fact that Obama was supposed to be the "future" of the Dems, and not the "present," she got complacent, as the favored candidate, and underestimated the power of the race card, O's ruthlessness in using it, and the media turning on her.
McCain? The bipartisan, media-friendly wonder? You can't be serious. Most of the stuff of McCain's attacks on Obama came from folks who dug it up on the internet; his campaign staff were obviously clueless. And if Jeremiah "GD America!" Wright was off limits, do you seriously think he was going to risk questioning anything personal in O's background?