Well of *course* Solum has gone back and put an addendum on his own musings regarding the eligibility of John McCain. Can’t have inadvertant inference to the equally questionable Obama, now can we?
I much prefer Gabriel Chin on this matter, personally. At least he’s consistent.
http://www.law.arizona.edu/news/Press/2008/Chin071008.pdf
I don't see any distinction between what Chin posits and what Solum said then, or now with respect to Obama's particular circumstance.
With respect to McCain, I'm also not so sure that Scalia wouldn't have agreed with Chin, had such a case been brought to the Court, presuming it was brought by the appropriate litigant. It probably all would have rested entirely on where McCain was specifically born - inside the Zone, or just outside of it. But, Scalia seems FIRMLY entrenched in the jus soli stipulation, as does Breyer, interestingly.
I would end with a clarification of my own. If, by some incredible turn of events, it can be proven by a preponderance of the evidence that Obama really wasn't born in HI, but on some foreign soil, I don't think any intellectually compelling argument can be made that he's a NBC, and depending on the actual age of his mother, he may not even be a citizen at all.