Appearing before the House Appropriations Subcommittee, conservative Supreme Court Justice Clarence Thomas made allusions that suggest SCOTUS is deliberately evading Obama’s birth eligibility issue due to internal divisions.
The heat is building up, and FellowshipOfMinds is among many who will keep at this until a court in America deigns to give an eligibility lawsuit a hearing.
~Steve & Eowyn
By Drew Zahn – WorldNetDaily – April 17, 2010
Justice Clarence Thomas
U.S. Supreme Court Justice Clarence Thomas told a House subcommittee that when it comes to determining whether a person born outside the 50 states can serve as U.S. president, the high court is “evading” the issue.
The comments came as part of Thomas’ testimony before a House appropriations panel discussing an increase in the Supreme Court’s budget earlier this week.
Subcommittee Chairman Rep. Jose Serrano, D-N.Y., actually raised the question first amid a discussion on racial diversity in the judiciary. “I’m still waiting for the [court decision] on whether or not a Puerto Rican can run for president of the United States,” said Serrano, who was born in the island territory. “That’s another issue.” Yet after Serrano questioned him on whether or not the land’s highest court would be well-served by a justice who had never been a judge, Thomas not only answered in the affirmative, but also hinted that Serrano would be better off seeking a seat in the Supreme Court than a chair in the Oval Office. “I’m glad to hear that you don’t think there has to be a judge on the Court,” said Serrano, “because I’m not a judge; I’ve never been a judge.”
“And you don’t have to be born in the United States,” said Thomas, referring to the Constitution, which requires the president to be a natural-born citizen but has no such clause for a Supreme Court justice, “so you never have to answer that question.”
“Oh really?” asked Serrano. “So you haven’t answered the one about whether I can serve as president, but you answer this one?”
“We’re evading that one,” answered Thomas, referring to questions of presidential eligibility and prompting laughter in the chamber. “We’re giving you another option.”
A portion of the exchange, captured on video by C-SPAN, can be seen below:
[…] As WND reported, Justice Thomas had previously resurrected a case challenging Barack Obama’s eligibility to be president not based on his birthplace, but on whether Obama, a child born to a foreign national and admitting dual citizenship, would still be eligible under the Constitution’s Article 2, Section 1 “natural-born citizen” requirement.
Hints of division within the Supreme Court on the issue existed as far back as December 2008, as Justice David H. Souter had initially denied the case a hearing, but Justice Thomas agreed to bring it back for review. The case did not, however, obtain the required approval of four justices to move it forward to a full hearing. So far, the Supreme Court has not yet heard any case challenging Obama’s eligibility on any grounds.
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