I don't think they'll take that issue up. I think they'll only determine whether NJ SOS Wells acted appropriately in vetting the candidates for the ballot. It's legally his/her job according to the laws of NJ, and that's Donofrio's complaint--that no vetting was done, that the SOS office admitted to assuming it had been done, and blindly allowed their electorate to vote on candidates who weren't eligible, thus disenfranchising millions of voters. His case includes three candidates and their eligibility, including McCain. Their only responsibility to the case is to determine whether NJ law was violated. Then, if they determine it was, the whole thing gets kicked back to NJ to properly vet the eligibility of the candidates before electors vote. It will be NJ's job to determine the meaning of natural born and whether Obama is or not. NJ SOS can simply accept the Certification of Live Birth, I suppose, and this will all have been for naught.
Just my 2 cents...but then I'm no Supreme Court Justice or expert. I'm just a citizen with no standing.
I do not believe that the SCOTUS will defer to New Jersey courts, to determine the meaning of ‘natural born citizen’ as the Founders meant, when applied to a citizens’ eligibility for the Presidency.
If the SCOTUS kicks the suit back to the NJ SOS, all hell breaks loose because every other SOS (49 of them, and let’s not forget the territories) will be required to validate the candidates (as they should have done in the first place.) I think the SCOTUS will seek a ruling, to prevent this nightmare (of Biblical proportions) from reaching critical mass. Either way, I say bring it on and settle this Constitutional issue once and for all. I believe that in the end, future candidates will be vetted as to their eligibility where required.