The Naturalization Act of 1790 was repealed in 1795. Therefore, John McCain is still included in Donofrio’s suit as being ineligible.
http://hubpages.com/hub/Supreme-Court-Justices-Consider-Obama-Eligibility
It is true that the Naturalization act of 1795 superseded the 1790 act, but it didn’t change the citizenship implications of childeren of citizens born abroad as established by the prior act. Per the 1795 act(Sec. 3):
“...and the children of citizens of the United States, born out of the limits and jurisdiction of the United States, shall be considered as citizens of the United States...”