“A non-trivial percentage of conservatives won’t vote for Rubio because of this issue so it had better be decided by SCOTUS in favor of Rubio being NBC before he he is nominated. It won’t just go away.”
Indeed the Rubio-birthers are not, as one might naively expect, lib Dembs pushing a fringe theory to try to disqualify a talented and promising Republican. No, they’re conservatives, boxed into the stupid position against Rubio because they so vehemently, albeit uselessly, asserted it against Obama.
That’s why not to go for crank theories. They’re useless against your enemies, and can make you useless to you friends.
You just go ahead and keep wiping yourself with the Constitution.