Nonsense. If the court rules as it should, telling Obama to produce his birth certificate or otherwise prove his natural born status, that is NOT legislating from the bench, it is following the constitution. That no other POTUS candidate has been challenged thusly before does not mean they are legislating from the bench.
Just like the poor saps who got elected as politicians when their state constitutions or city bylaws required them to be residents. More than a few have been tossed because people forced the issue to court.
That should read "if SCOTUS rules the way we think it should."
I feel your pain. However, this is a gap in the Constitution through which this preposterous fraud has already driven his semi. It has only surfaced peripherally in the past, so there is no case law, just the bald words of the Constitution, which doesn't assign any responsibility for enforcing the rule, nor does it prescribe a mechanism for fixing it, should "it" (whatever "it" may be) occur.
The Supremes are saying, in effect, that "certifying eligibility for office is not our job," but giving no clue as to whose it should be. Obama needs to do nothing. The burden is on us, and I suppose we'll keep trying to get this on the docket.
Meanwhile. the motto of the new administration ought to be,