it’s a cut and dry constitutional amendment, it doesn’t matter if Thomas thinks the people that were in mind when it was drafted are not the same people it applies to now. if they want to change it, go ahead and get the states to ratify a new amendment.
Supreme Court doesn’t get to throw out an amendment because it’s old.
The funny thing is I bet ending birthright citizenship is an amendment that could actually be passed. You don't have to be a virulent racist to think the context has changed when you can get almost anywhere in the world in about 24 hours.
(I'm not sure where I stand on it but I can at least see an argument for revisiting the question)
It was one vote away from going Thomas's way, so I wouldn't say it doesn't matter what he thinks.
As a non-american, I would have enjoyed the precedent that the logical conclusion had to be that I would not be subject to the laws of the US, when visiting.
The Thomas interpretation must logically have given diplomatic immunity to anyone on an ESTA too.
It's also amusing that you won't ever hear conservatives like Thomas making the same argument when it comes to, say, the 2nd amendment.
I was just thinking the same thing lol. 2A is such a divisive topic.