Yes, sometimes silence IS better; and they certainly don’t want to get this “historical” finding wrong.....It is The Constitution they are messing with not a “he said: she said”. There should be a lot of thinking and hard work go into this finding.
Unfortunately you are dealing with the government..
I agree with you: any action here has to be brilliant. The more I think about it, though, the more it seems it really could all boil down to a rather simple framework.
The really complicating thing might be how to handle all the precedent that went to “mere” citizenship. The Court would have to make very clear that those cases, and many of the statutes, did not contemplate “natural born” status, and, therefore, are not on point.
I posted a version of the framework that seems to boil down everything so far, fyi:
http://www.freerepublic.com/focus/news/2143728/posts?page=178#178