[[I think the courts will dodge it. No matter which way they rule, it hurts them. I would be shocked if they took it.]]
I think they’re going to have to take it up because, according to what I read yesterday here on FR, someone running for president in NH has lodged a lawsuit against Ted, forcing the issue into the courts, and apparently they are able to do this because as someone running for office and filing the lawsuit, it nullifies the ‘no standing’ issue that Obama was able to use to have the case thrown out many times when folks tried to bring lawsuits against him for citizenship-ness
unless I’m misunderstanding what the post on FR meant-
That's correct. Opponents in an election contest can sue each other on qualifications basis. The opponents have standing.
I still think the court will do some mumbo-jumbo and dodge it. Presidential elections are "odd" to say the least, and courts are chicken-shit operations. I think the court will refuse to hear the case on the merits, and there is no recourse to that. Courts are the last word on their own conduct.
The ways they dodge are "it's up to congress to evaluation the qualifications", and "the issue isn't ripe because you haven't lost yet."