So let’s have that trial and if they rule in favor of BO, so be it. But whether is strengthens or lessens would be up to the court to decide since this is a different case with different circumstance.
And lets not forget that courts do not always go with prior judgements.
As for the phrase “Settled law” ...kind of like Global warming?
No, it isn’t a different case. A natural born subject was allowed to have TWO alien parents there temporarily, and still be a NBS. The courts have made it clear - and with very good reason - that NBS and NBC are fully equivalent.
There is no case for the birthers to present. If Obama was born in Hawaii, then he is a NBC. Period. It is law, not science. Science can always debate, but the law does not.
As it was said in Lynch:
“6. Upon principle, therefore, I can entertain no doubt, but that by the law of the United States, every person born within the dominions and allegiance of the United States, whatever were the situation of his parents, is a natural born citizen.”
That Obama’s dad abandoned him and let him be raised in the USA, while Lynch took his daughter back to England and raised her as an English citizen, does NOT mean it is a new case with new principles to be explored.
If Obama was born in Kenya, he is neither a citizen nor a NBC. If he was born in Hawaii, he is both. Period. There is nothing to resolve.