Avenues? One might wonder who would have standing to sue on the issue of eligibility, and how the matter could come up. Here is a hypothetical example using a setting from the last election:
During the primaries, the Republican National Committee ("RNC") denies Senator John McCain attendance at a party sponsored and nationally televised debate to be held between the candidates for nomination because he was born in Panama and not a "natural born citizen" eligible to be President. Senator McCain sues the RNC in District Court for declaratory relief asserting his rights as a citizen under 8 U.S.C. § 1403(a), and seeking an injunction against the RNC from barring his participation in the debate. In this example, Senator McCain would have standing to sue because he is the holder of a claim based upon a legally protected right of citizenship provided by federal law. Contrariwise, Senator McCain would not have standing to challenge Barack Obamas citizenship and eligibility to be President of the United States under the Constitution, because as a citizen he does not hold any actual, particularized and justiciable claim (i.e., he can only assert his own rights, and not those of others not before the court).
During the primaries, the Republican National Committee ("RNC") denies Senator John McCain attendance at a party sponsored and nationally televised debate to be held between the candidates for nomination because he was born in Panama and not a "natural born citizen" eligible to be President. Senator McCain sues the RNC in District Court for declaratory relief asserting his rights as a citizen under 8 U.S.C. § 1403(a), and seeking an injunction against the RNC from barring his participation in the debate. In this example, Senator McCain would have standing to sue because he is the holder of a claim based upon a legally protected right of citizenship provided by federal law. Contrariwise, Senator McCain would not have standing to challenge Barack Obamas citizenship and eligibility to be President of the United States under the Constitution, because as a citizen he does not hold any actual, particularized and justiciable claim (i.e., he can only assert his own rights, and not those of others not before the court).