his is in essence a quo warranto action against Obama, and as such, is a lawsuit against him in his personal capacity so there are no separation of powers or jurisdictional issues.
A Writ of Quo Warrento cannot be brought by anyone except the United States in any district court except for the D.C. district.
Lawyers can raise issues regardless of merit and tie things up in court for eons. Anyway:
“...discussions in Congress suggest that Quo Warranto does not apply to Constitutional Officers whose election, appointment and removal are explicitly described in the Constitution.”
http://nativeborncitizen.wordpress.com/2009/07/13/quo-warranto-no-applicable-to-the-president/