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SCOTUS won’t be asked to determine if Obama is the legitimate President.

SCOTUS will be asked to opine on an objection by a defendant alleging a violation of the Appointment’s Clause of the U.S. Constitution if the President who appointed the Federal officer is a usurper.

Defendant is alleging Obama is a usurper, appointments by a usurper are a violation of the Appointment’s Clause, and an objection by the defendant before conclusion of the trial should be sustained.

In the extreme case, the Judge does not hold a hearing on Obama’s eligibility, but sustains the objection so a Judge who was not appointed by Obama can hear the case. Also, an objection to an Obama appointed Judge could be made after Obama leaves office. Consequently, SCOTUS won’t rule on the political question of, “Is Obama eligible?

SCOTUS could be asked, “Can a defendant who objects to an Obama appointed Judge demand a hearing on Obama’s eligibility and can a defendant object to a usurper appointed Judge assigned to hear their Federal lawsuit?” If necessary, a defendant could object to an Obama appointed Judge after Obama leaves office.