Because the Supreme Court has refused any,and all cases to be heard considering NBC, the precedent has been set.
This is what is known as being nullified and set aside. Many may wish the Supreme Court would rule, and decide one way or another. But that ain’t gonna happen.
But they have “ruled”. Multiple cases have been filed regarding this issue in the hopes that certiorari is granted. Those cases are reviewed and if at least four Justices don’t support cert, that is pretty much it.
Justices of all judicial stripes - textualists, originalists, those with more liberal judicial perspectives and the like - between all of them they have not been able to muster four votes to hear a NBC case as noted in this thread.
What this comes down to is people can’t make their case. And they don’t like it.
Make a better case and perhaps cert will be granted. Otherwise it’s just foot stomping.
Well, you certainly can refer to cases than have failed to reach the court's attention for a variety of reasons, but the precedent you refer to is no more than, "Don't expect the court to accept your petition if it is procedurally flawed".
Once more, can you point to a case where the court faced the issue, considered the merits of the matter and necessarily interpreted the clause? (Clue: there is none.)
Bear with me for one more moment and consider this language:
No person except a natural born citizen[, or a citizen of the United States, at the time of the adoption of this Constitution,] shall be eligible to the office of President...
If all but the language within the brackets was proposed a reviewer would have said, "Wait a minute by definition there will not be any NB citizens prior to the date this contract is formed - because they would not have had parents who were citizens of this new nation we are about to create!". That would have produced the need to add the language set out in the brackets.
Most importantly, if nothing more than mere citizenship was required, as clearly is the current proposition, then there would be no need at all for the founders to add any reference to "natural born citizen".
If we further recognize the language addresses two types of citizenship, we have to wonder how the NBC form may have been preferred over the plain version. That answer is provided by the well published intention of the founders to avoid foreign entanglements.