On September 16, U.S. District Court Judge William Alsup ruled that John McCain is a natural-born citizen, eligible to be president. He also ruled that, even if he weren’t, the plaintiffs in Robinson v Bowen (08-cv-3836) did not have standing to challenge McCain’s ballot status. He said another presidential candidate running against McCain would have standing, but that even then, the case would only be ripe after the November election. The judge was aware that the California Supreme Court had ruled in 1968 that presidential candidates who are not eligible should not be on the ballot, but he didn’t discuss that in his 5-page opinion.
The plaintiffs in this case are supporters of Alan Keyes, so it is odd that Keyes did not join the case as a co-plaintiff. The plaintiff is a presidential elector candidate for Keyes, and he is also the (somewhat disputed) state chair of the American Independent Party of California.