At the conclusion of the October 5 hearing in response to Gary Kreep’s arguments regarding standing of the third party candidates, Judge Carter was not laughing when he stated “I haven't made up my mind” . I assure you that the DOJ lawyers and Obama were not laughing!
If Carter was reluctant to deprive candidates on the presidential ballot of the right to litigate the eligibility of another candidate on the ballot who has won, then the 9th Circuit judges may also have difficulty making up their minds and may come down on the side of Kreep’s plaintiffs. We just won't know until they rule on the appeal.
I tend to laugh at folks who claim to know how judges will rule!
Those of us who have predicted that judges would rule against birthers have been right every single time.