Honestly, I do not see what the fuss is all about. If you ran a corporation or a 501(c)(3) non proft, the board of directors do whats best for the organization. If you had an organization and realized that a certain action could cause trouble would you take the risk of doing that action? The legal concerns they express are valid. I think I would rather see them fight battles rather than be a victim of a battle.
Even if they don't take on a case regarding bitcoin, doesnt mean that they wont submit an amicus curiae in support of bitcoin if/when a case does come down.
This is just one guy's opinion but I just see them avoiding a big mess..