Des Courney says:
Wednesday, June 2, 2021 at 1:46 AM
“Moreover, as discussed here, it is telling that back in 2010, Justice Thomas, in explaining why the Supreme Court had not at that time yet taken up an “eligibility” case on the merits would select the term “evading” as opposed to “avoiding,” when the eligibility issue involved one Barack Hussein Obama, Jr.”
Hi everybody,
I don’t think this is completely accurate as the discussion was not about President Obama. Instead Justice Thomas’ and Congressman Serrano’s back-and-forth was about someone born outside the US (specifically in Puerto Rico). This appears to have been a long running discussion between the Puerto Rico-born Serrano and Justice Thomas as documented by CSPAN.
March 7, 2007 House Appropriations Subcommittee hearing;
Rep. Serrano: “I really appreciate the fact that you’re here before us. I also appreciate the fact that off the record, there, you told me I probably am not eligible to run for President but that is an ongoing thing with me. Someday I may bring it before you whether or not somebody born in Puerto Rico can run for President , but we really welcome you today …”
https://www.c-span.org/video/?197007-1/ ... urt-budget
March 13th, 2008, House Appropriations Subcommittee hearing;
Rep. Serrano: “…although I must say on a personal level that for about ten years I’ve been trying to get out of you an unofficial comment on whether or not someone born in Puerto Rico can serve as President and from what I understand from a different California case you may have to decide on Mr. McCain, so if you do I’ll try to get myself included in the same package. …”
https://www.c-span.org/video/?204419-1/ ... urt-budget
April 23rd, 2009, House Appropriations Subcommittee hearing;
Rep. Serrano: “Although I always have some personal concern about asking the third branch to come and testify before us about buildings, staffing levels, and computers, rather than whether I can run for President or not, these hearings provide …”
https://www.c-span.org/video/?285453-1/ ... urt-budget
April 15th, 2010 House Appropriations Subcommittee hearing;
Rep. Serrano: “We always thank you for your service and tell the other seven we do the same thing.”
Justice Thomas: “Thank you Mr. Chairman and it is always an honor to be here. You and I have been at this together for a decade and a half. And ummm…”
Rep. Serrano: I glad to hear you don’t think there has to be a judge on the Court because I’m not a judge. I haven’t been a judge.”
Justice Thomas: “And you don’t have to be born in the United States so you never have to answer that question.”
Rep. Serrano: “oh really.”
Justice Thomas: “yeah.”
Rep. Serrano: “So you haven’t answered the one about whether I can serve as President but you answer this one.”
Justice Thomas: “We’re evading that one. We’re giving you another option.”
Rep. Serrano: “Thanks a lot.”
Justice Thomas: “Thank you, Mr. Chairman
https://www.c-span.org/video/?293017-1/ ... urt-budget
The 2007 comment by Congressman Serrano is interesting, if accurate, because it may indicate that Justice Thomas does not considered US citizens born in US territories as natural born citizens. WAG on my part.