What happens to Judge Sotomayor’s confirmation as Supreme Court Justice if the Constitution’s “natural born citizen” Presidential eligibility requirement is subsequently determined applicable to Barack Obama on the basis of Article 2’s exclusion of dual citizenship birth (doesn’t matter whether Obama born in Hawaii since his dad was Kenyan/British citizen at the time)? It would seem prudent, if not dereliction of Constitutional duty in not so doing, for the United States Senate to defer voting on Judge Sotomayor’s confirmation at the very least until there is determination, now imminent, on standing in Kerchner v. Congress (USDC NJ) on that precise issue (Congressional failure to take up the raised and known constitutional ineligibility question prior to declaring a Presidential winner in the vote of the electoral college). For the full Senate now to proceed to vote to confirm Judge Sotomayor (an otherwise lifetime appointment) before then, would be a knowing and very substantial exacerbation of any inherent Constitutional crisis — compounding the previous Congressional dereliction. That is, the Executive Branch, as well as conceivably all actions of a Congress under a President determined ineligible, would leave the Supreme Court as an essential unfettered remaining Branch of the Federal Government, that is unfettered so long as Mr. Obama’s nominee to the Court is not yet confirmed by the Senate.