The laws basically just have to codify a particular definition of NBC and then let SCOTUS rule whether that definition is Constitutional. That’s the only way we’re going to get a definition of NBC.
It means that any bill that is introduced will be challenged by the DOJ, which also means that the law should have a severability clause to keep a judge from issuing an injunction against the whole thing - which would possibly allow the DOJ to stall until it’s too late for the law to take effect in 2012.
“The laws basically just have to codify a particular definition of NBC and then let SCOTUS rule whether that definition is Constitutional. That’s the only way we’re going to get a definition of NBC.”
You are exactly correct in my opinion. Some State must “define” NBC in their law. This will get a definitive ruling from the SCOTUS.