I am sure that you are correct! Unfortunately, what is going to matter is not what we think, but what a panel of judges from the 9th Circuit Court of Appeals decides.
Already two states have said he is eligible, including Illinois.
No Federal Court can take this case, for at least three reasons:
1. Nothing to adjudicate: There must be a justiciable dispute; âThe parties must not be seeking an advisory opinion.â
2. No standing: A party to a suit must have suffered actual injury. Whereâs the injury?
3. Political Question: âThe suit must not be seeking judgment upon a political question.â
https://en.wikipedia.org/wiki/Justiciability