Agreed. But remember it only takes four of the nine justices to advance a filing from conference to a hearing ... so let's do the math.
Four of the nine -- Souter, Ginsberg, Stevens and Breyer wouldn't vote for a hearing if they had a CIA-validated video of B-O being born in Kenya. Of the other five (I know including Kennedy is a stretch but he relishes his position as being the "decider" for the Court), two would have to vote "no" for the filing to die in conference.
I think it unlikely that Scalia and Thomas -- both adherents to "original intent" -- would vote "no" on all the filings thusfar presented; so, two of the remaining three -- Alito, Roberts and Kennedy -- would have to vote "no" on every filing. Question is: Which two (if not all three)?
There were no recorded dissents from any of the denials.
That’s what I’ve been suspecting too. Two, three, even four of the Justices might see the merit of the eligibility cases but the rest are hardheadedly against hearing them. So what can the conservatives do if they feel that way?