From Digital Foundry:
"Upon analysis we determined that the game suffers from extended clusters in which a duplicate frame is displayed every 64 frames. What this ultimately means is that, during normal gameplay, Mario Kart 8 continually drops down to 59fps. This may not seem like a big deal - most will probably not notice it at all, and it has zero affect on playability"
Yes, I cherry picked that quote.
I had read that, that's why I'm asking if Nintendo would fix this.