ND chooses to not be in a conference, so any comparison between them and BYU is inapposite. It would be incredibly simple to say “P5 is criteria” and then add ND to ACC and call it a day.
Now if the new league adds NMSU and Tulane and UMass and Notre Dame and Army, and excludes BYU? Yeah, ok, that’s something. But just ND? There’s no “there” there.