“How many times has the ussc refused to define NBC in the last five years.”
From the viewpoint of the US Supreme Court, they have. The WKA ruling in 1898 went into great detail concerning the meaning of NBC. The specific HOLDING did not, since WKA wasn’t running for President, but the ARGUMENT is unchanged, and has never been challenged in court prior to Obama. All lower courts are already using WKA as precedent, so there is no need for the US Supreme Court to make it binding with a specific holding by accepting another case.
A ruling doesn’t need to be BINDING to be PERSUASIVE.
“Persuasive precedent (also persuasive authority or advisory precedent) is precedent or other legal writing that is not binding precedent but that is useful or relevant and that may guide the judge in making the decision in a current case. Persuasive precedent includes cases decided by lower courts, by peer or higher courts from other geographic jurisdictions, cases made in other parallel systems (for example, military courts, administrative courts, indigenous/tribal courts, state courts versus federal courts in the United States), statements made in dicta, treatises or academic law reviews, and in some exceptional circumstances, cases of other nations, treaties, world judicial bodies, etc.
In a case of first impression, courts often rely on persuasive precedent from courts in other jurisdictions that have previously dealt with similar issues. Persuasive precedent may become binding through its adoption by a higher court.”
https://en.wikipedia.org/wiki/Persuasive_precedent#Persuasive_precedent
As long as the lower courts are all united in being PERSUADED by WKA, the Supreme Court doesn’t need to accept a case to make it BINDING.
Also see:
https://en.wikipedia.org/wiki/Ratio_decidendi
The WKA didn't go into great detail about the meaning of NBC at all. NBC is only mentioned about 5 or 6 times and the last time it is mentioned is when the court affirmed the Minor definition of NBC: all children born in the country to parents who were its citizens. Then, thanks to YOU, we learned that the Supreme Court affirmed in 1913 in Luria v. United States that Minor and NOT WKA was the legal precedent for Art. II eligibiliity.