Donald Trump’s Justice Department cited an archaic statute in a legal filing Wednesday, arguing that the president’s executive order ending constitutionally guaranteed birthright citizenship should be totally kosher, since the children of Native Americans weren’t historically considered citizens, either.

The Senate is muscling Pete Hegseth’s nomination as defense secretary toward confirmation. The Republican senators are prioritizing the former Fox News host and combat veteran’s vow to create a “warrior culture” at the Pentagon over allegations of heavy drinking and aggressive behavior toward women.

Pete Hegseth’s Senate confirmation vote is scheduled for 9 p.m. Friday. In the hours beforehand, it remained unclear if he has enough Republican support.