Absolutely.
If the Alabama Supreme Court finds that the SoS has a duty to check for eligibility, then they have to decide if that duty applies only to future elections, or is there some sort of remedy for the previous election. The plaintiffs are asking that birth certificates be requested from all candidates. What’s the probability that Romney will submit his birth certificate? It won’t change the fact that he lost. And if Romney doesn’t submit one, why would Obama? The plaintiffs are asking the Alabama Supreme Court to decertify votes. Since the Alabama Supreme Court has absolutely no authority over the Electoral College, what can the ASC really accomplish? Obama received no electoral votes from Alabama.
Did you see in the brief where a SOS removed a 27 year old candidate was to young to be on the ballot as well as Eldridge Cleaver being removed from the California presidential ballot in 1968 for being to young? The Alabama Secretary of State has a duty to investigate the candidates to see if they qualify.
You’re talking about mootness. When Roe v Wade was decided, the baby had already been born.
The court will decide the issue to determine how the SOS should handle situations in the future.
Will the court actually require Obama’s BC? I would doubt it, the SOS could say, if it’s an issue, we will start checking in the future. If the defense say ‘we don’t need to check, the media, and the voters, validate the candidate that might leave an opening to prove them wrong. That’s what I’m hoping for.