Rudy only wants his money back.
Suggest you read up on Thomas Moodie
Moodie didn’t have 19 court rulings stating that he was eligible to be Governor of North Dakota. Obama has those lower court rulings stating that he is a natural born citizen.
He also wants:
10. Thus, Mr. Rudy seeks a declaration that constitutionally Mr. Obama was not and is not a natural born Citizen, and was not and is not eligible to be, and was not and is not, President.
http://www.scribd.com/doc/130133324/Rudy-v-United-States-Patent-and-Trademark-Office-Et-Al
I believe that is where the courts get hung up. Declaring Obama to not be the President is up to Congress, in the courts opinion.
More interesting is Professor Titus' amicus brief.
http://www.scribd.com/doc/236680266/Rudy-v-Lee-SCOTUS-Amicus-Brief-Obama-Not-Natural-Born-Citizen-8-13-2014
In his discussion of NBC, he starts with a simple analysis of Minor v. Happersett:
Unquestionably, there are two distinct classes of citizenship, “first, by birth, and second, by naturalization.” Minor v. Happensett, 88 U.S. 162,167 (1874).
It is well-established that there are two kinds of birth citizenships, one acquired by parentage of birth and the other by place of birth. As for the first kind, this Court stated assuredly in the 1875 case of Minor v. Happersett that:
At common-law, with the nomenclature ...as distinguished from aliens or foreigners.
Less confidently, this Court opined in that same case that:
Some authorities go further ...to the citizenship of their parents.
However, 23 years later, this Court appeared to elevate this second view, asserting that citizenship acquired by birth was governed by the English common law rule that citizenship at birth was definedby place of birth...
He follows that with a more in-depth analysis of Justice Gray's opinion and Chief Justice Fuller's dissenting opinion in Wong Kim Ark.
But here is the sentence that is interesting.
It is not necessary at this point to decide whether President Obama is a natural born citizen. Nor is it necessary now to endorse Justice Gray’s views over those of dissenting Chief Justice Fuller, or vice versa. Indeed, Mr. Rudy’s case against President Obama’s citizenship is based upon both views — that he is not a natural born citizen based either on his place of birth, or on the citizenship of his parents.
He doesn't rely on Minor v. Happersett for the definition of NBC but instead tells the Court that the choice is between Justice Gray's and Chief Justice Fuller's opinion and dissenting opinion. Apparently Professor Titus believes that the Court made Wong Kim Ark a natural born citizen.