If someone wants this heard by the Supreme Court, then I guess they need to file a case challenging his candidacy and follow it on up. I haven’t heard that anyone is doing so. If this “challenge” to his candidacy is nothing more than some press releases, that’s about on the level of putting dog poop on the sidewalk where McCain might walk next week.
“We will probably never really know whether an American citizen born outside the US can become President (or Vice-President) until a lawsuit involving such a candidate finds its way into the courts. This could happen, of course, if a foreign-born candidate were elected and the electoral college’s choice were challenged in court; or, more likely, if such a candidate’s right to federal campaign subsidies (matching funds) were questioned, or if a challenge were mounted against a foreign-born candidate’s right to be included on a state primary election ballot.”