1)The entire case be dismissed
2) The judge simply rules that Obama is in default
3)The judge rules on the merits and the default
If #2 or 3 occur it seems to me it will be appealed and the effect will be the same as it will held until after the election?
But if the judge rules on the merits, then we should eventually and finally get a clear ruling on the merits from the SCOTUS.
If the judge were going to rule for the default judgment he would have done that the first day.
The judge discussed this with the parties on the 26th. The plaintiffs argued for NOT ruling for a default judgment, as the judge was inclined to do. They wanted the evidence to be admitted, and preferably to eventually have a judgment on the merits of the evidence. The judge was sympathetic to their wishes, perhaps since after all the other party didn’t show, and if anything showed contempt for the process.
And yes if there had been a default judgment the Obama team could have appealed then dragged out the process until after the primary since under law he would have then been reinstated on the ballot pending outcome of the appeal.
If there is an eventual ruling on the merits then Obama could be in trouble in all 50 states. His strategy for a default ruling will have backfired.