I don't think so. I think if the Court rules he is constitutionally not eligible to serve, the federal marshal moves him out of the White House. The bad news is that you are a long way from getting to that kind of result in this case.
Off the cuff, not having looked at the court file, it doesn't look to me as though this reflects an order that the court is going to hear the case on the merits.
The head note here and the article on which it is based are not quite as hopeful as the comments.
Reading the WND article, it appears that the case is before the Court at present only on an argument about whether or not they have Obama properly served. It looks to me as though the judge has already ruled the service was not adequate and the case is before him on a request to rehear or alternatively, to grant the plaintiff the right to appeal the ruling.
The possible outcomes are that the Court rules: He was properly served; or service and jurisdiction are not clear and the Court decides to exercise jurisdiction and gives Obama's counsel the opportunity to respond and extends the time for response; or, service wasn't complete and he dismisses the case.
I view the description of the Court's comments as suspect--in part because of what I understand about the claimed service of process. When the guard at the White House refused to permit the server to hand over papers or to actually serve them, the correct procedure instead I believe is to leave the papers on the floor and depart.
Instead, the server went somewhere else to make a claimed service that does not appear adequate either.
Under circumstances where the defendant has a reasonable claim of confusion because of the multiplicity of suits several of which have the same lead plaintiff, the defendant has a reasonable argument to get the case kicked out.
The Court isn't going to enter a default order unless he rules service was proper and complete and Obama and his counsel then do not answer after being given some significant additional time to do so. At best, that is a long way down the road.
Further, if this judge has decided to exercise jurisdiction, it is reasonable to expect that the defendant will ask for and get the right to an immediate appeal of that ruling on which the 9th Circuit will sit for some extended period of time.
Stay tuned.
Thanks, David.
Ping to #322.
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I don't like the sound of this at all... how exactly do you "serve" the POTUS?