I believe the lower court in the Berg case ruled that it was Congress's responsibility to implement a vetting process if they wanted one. And that it was Congress's responsiblity to ceritify the election and was capable of vetting the candidates then.
It's happened because of neglect. They never put a control in place to make sure a candidate was elligible because inelligible candidates have never come so close before.
However, the problem is that with democrats in charge of the congress, they aren't likely to put a control in place or vetthe candidates until after Obama leaves office.
That's why the court needs to intervene.
>>I believe the lower court in the Berg case ruled that it was Congress’s responsibility to implement a vetting process if they wanted one.<<
That’s like saying that it’s a driver’s responsibility to stop for a red light if he wants to.