Chances are that if those who question President Obama’s American birth, like Donald Trump, get a case before the U.S. Supreme Court, there could be a lively and unpredictable debate. At a House Appropriations subcommittee hearing this month, Justice Stephen Breyer waded into the white-hot discussion of whether those born outside the 50 states can be president. His comments came when Bronx Rep. Jose Serrano, a Democrat and Puerto Rico native, asked if he could be president. “That still hasn’t been settled,” Serrano said. “Does the person get aggrieved [and sue] at the time I declare my candidacy, or do I have to be elected first?” Breyer took the bait. “Why would anyone be aggrieved if you were running for president? Wouldn’t they be pleased?” he said before quoting the Constitution: “It says no person except a natural-born citizen. Well?” Serrano chimed in, “I’m a natural born citizen.” Breyer: “OK.” A gleeful Serrano: “I can’t believe we just had a Supreme Court decision.” A vague Breyer: “Well, you said you are a natural-born citizen.” Serrano said, “Well that’s what I believe I am,” before assuring the hearing room that he would not make a primary challenge to Obama in 2012.
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