Bellei sure makes it look that way. But I am not a maven of USSC decisions and know that they can and will come up with things out of left field.
I like to look at what is likely to go down, not just what is abstractly right, when figuring what a good strategy ought to be. And the bias is already to the left side in the USSC (and Roberts might even abstain because of Cruz’s role in his nomination).
There are many ways to fame the discussion and justify the neutering of the NBC clause.
In short, I see no downside to making a stink. The NBC clause is already lost. I'm trying to get it back.
This should be fairly easy for SCOTUS to stop “evading” the issue. They can easily find a way to say “citizen mother and born outside US = not natural born” and “citizen mother and born in US = natural born”. If you want to believe 0bama’s BC is real, it protects 0bama and gets rid of Cruz.