No it’s not a formality in the sense you mean.
If Holder doesn’t play the game, Orly can bypass him and get a Court to order the US Government to sue Obama for Quo Warranto.
Obviously Holder would be recused and probably a Special Prosecutor could be appointed.
Orly should have done this months ago. Carter told her to in his Judgement.
Would that Court Order come from the United States District Court for Fantasy Island?
A steak dinner, on me, at Mortons, to the first Birther who can post a cite to a Section of the United States Code giving the Courts the power to order the Attorney General to file a quo warranto against any Federal Officer, much less the President of the United States.