How do we know the Courts, the Congress and Executive Branch officers are aware Obama is ineligible?
Because an Eligibility Clause challenge is very similar to an Appointments Clause challenge. An Appointments Clause challenge is a challenge to the sovereignty of the United States. An officer appointed in violation of the Appointments Clause has their actions voided because the sovereignty of the United States diminished when there is a violation of the Constitution. An Eligibility Clause challenge is to the sovereignty of the United States.
In all cases where an Appointments Clause challenge has been properly made, the challenge must be addressed by the court before a motion to dismiss or a motion for summary judgment are entertained. No court has allowed an Eligibility Clause challenge to be address before a motion ot dismiss or motion for summary judgment is ordered.
The Courts are aware of Obama’s ineligibility and are avoiding it because the judges and other federal officers will be subjected to professional and personal liability if there is a decision on the merits for the allegation a sitting President is ineligible.
Since active judges and the other federal officers in the Executive Branch have a vested interest in the outcome of court challenge to Obama’s ineligibility, the only appropriate action would be to recuse themselves to allow a judge inactive since Jan. 20, 2009 to hear the case. No eligibility challenge has been heard by a judge who will not be directly, personally and professionally effected by the outcome of the trial. If the sitting President is ineligible, then Absolute immunity, Judicial immunity, qualifed immunity, derivative immunity and any other immunity for federal officers is waived.
There are many retired judges who are competent to hear a challenge to Obama’s ineligibility and rule on the merits of the allegations.
There is nothing stopping the Chief Judge in any local, state or federal jurisdiction from appointing a Senior (retired) judge to hear a case. Someone challenging Obama’s eligibility should make that request.