Conjure Minor Elemenatals and Spells with Saving Throws

I've got a quick question for 2024 rules.   If a character has CME running and casts  a spell that has a saving throw (like fireball or lightning bolt) does the CME damage apply?  

TECHNICALLY, you are using a magic action to cast a spell,  not actually making an attack.   So there could be an argument that it does not apply.  

Quote from The_Murgen >>

I've got a quick question for 2024 rules.   If a character has CME running and casts  a spell that has a saving throw (like fireball or lightning bolt) does the CME damage apply?  

TECHNICALLY, you are using a magic action to cast a spell,  not actually making an attack.   So there could be an argument that it does not apply.  

 There is no argument at all, the rules are clear. The spell requires you to hit with an attack and that can be done with both weapons or spells, however NOT with a saving throw.

From the PHB.

Making an Attack

When you take the Attack action, you make an attack. Some other actions, Bonus Actions, and Reactions also let you make an attack. Whether you strike with a Melee weapon, fire a Ranged weapon, or make an attack roll as part of a spell, an attack has the following structure:

1. Choose a Target. Pick a target within your attack’s range: a creature, an object, or a location.
2. Determine Modifiers. The DM determines whether the target has Cover (see the next section) and whether you have Advantage or Disadvantage against the target. In addition, spells, special abilities, and other effects can apply penalties or bonuses to your attack roll.
3. Resolve the Attack. Make the attack roll, as detailed earlier in this chapter. On a hit, you roll damage unless the particular attack has rules that specify otherwise. Some attacks cause special effects in addition to or instead of damage.