Swofford knew what the rules were when the ACC expanded to 14 teams and when they added Notre Dame. If this was that big a problem, the conference should have waited until he was able to change the rules. But that didn't happen. Even so, there are still alternatives that have been discussed, such as divisions with pods, or at least adding another conference game. As for Notre Dame, that's too bad. Perhaps the ACC and Notre Dame can mutually agree to scrap the five game agreement that Swofford apparently sees as a problem. Then Notre Dame can be an independent in football again.
As for Delany's (no second "e," by the way) conundrum, too bad for him. I can't believe that he was naive enough to believe that scenario (a conference nonchampion could make the CFP) could not happen. He can try to persuade the other P5 conference to allow only conference champions to be eligible for the CFP. But then the Big Ten may have have no one in the CFP. I can't see how that would have been better for Delany.