This feels like an ad absurdum. “Native Americans aren’t American Americans because Native Americans aren’t Americans.” If any people should have claim to citizenship, it would be Native Americans, especially given their history. They were here first.

It’s also weirdly reductive and suggests dual citizenship is invalid. Citizenship is not zero-sum in this way. You can hold multiple, valid citizenships.

I think it’s definitely a test case, as in see what they can get away with. McConnell packed courts for this reason.

The argument marks a sharp departure from the government’s opinion, which has held that Native Americans who are citizens of their respective tribes are also citizens of the United States.