Imagine going before the Supreme Court to attack birthright citizenship and being unable to say Native Americans are American citizens. This was never about the Constitution. It’s about exclusion.

GORSUCH: Do you think Native Americans are birthright citizens under your test?

SAUER: Ah, I think ... so. I have to think that through.

Historically, the 14th Amendment was interpreted to exclude most tribal Native Americans from birthright citizenship due to tribal sovereignty; they gained citizenship via the separate Indian Citizenship Act of 1924.