A "Constitutional" challenge to states that require adherence to the Constitution? States have the right to demand the Federal Government adhere to the Constitution, whether the courts like it or not. At some point, we don't need the court's permission to "preserve, protect, and defend the Constitution."
This is still a win win for us as Obama will have to challenge this in the courts, and bring the spotlight of media attention upon the issue he wants to avoid. Keep the issue on the front page, and little by little drip by drip, it will erode his chances in 2012.
remember we only have to sway 3-5% of the voting public, into believing that there is something fishy about someone who will not hand over a simple birth certificate.