Some confusion there. First, the Alabama Supreme Court is not going to hear any witnesses. Appellate courts don’t do that; they decide questions of law.
The question of law before the Alabama Supreme Court is whether or not the Alabaman Secretary of State Chapman has a duty to investigate the eligibility of candidates for office in Alabama. Chapman says she doesn’t, and the original trial court and a court of appeal agreed. The question of Obama’s eligibility is not before the Alabama Supreme Court, despite attempts to argue that in plaintiffs’ briefs and the amicus brief from the Alabama Democratic Party.
The only way this goes to the US Supreme Court is if McInnish LOSES (your hopes in Roy Moore notwithstanding) and the Alabama Supreme Court affirms that Chapman had no duty to investigate candidates. McInnish could appeal but if he can’t win in Alabama with Roy Moore on the bench, how could you expect him to win before the US Supreme Court?
It is hard to see how the US Supreme Court would hear a case from Alabama that is solely a matter of Alabama law. And even if it were an eligibility case, the Supreme Court has declined on multiple cases to hear them.
As for recusal, and I presume you meant Obama’s appointees and not Clinton’s, there’s no rule that says that any Supreme Court justice has to recuse themselves for any reason. It’s their personal choice.
I would suggest that you not be overly optimistic about this lawsuit, which I predict will fare no better than the 200-odd others lost plowing the same ground.
I should correct what I said. There is a statute, 28 USC Section 455, dealing with the recusal of all federal judges. However, because there is no court higher than the Supreme Court, there is no way to enforce that law on a Supreme Court justice and I know of no case where anybody has tried. In any case, justices of the Supreme Court are not considered beholden to the presidents to appointed them, and they decide cases involving them all the time without recusal.
The notion that Obama appointees would be removed from the bench if Obama were found ineligible (and hence have a interest in the outcome) is legal nonsense.