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.
The clause wasn’t so much lost as ignored, for Obama. The USSC is more than happy to jump in and declare something un-lost, even if it queers things in the process (pun intended).
Which is why we could use a Bork amendment, but first things first. Let’s win and get the destructive-Democrat factor as marginalized as possible.