Congressman Jose E. Serrano had a flyer displaying a “42” on it as he chaired a hearing on budget requests for the Supreme Court last week. He was honoring the 63rd anniversary of when Jackie Robinson first donned the number for the Brooklyn Dodgers and opened the door for minorities to play in the major league.
As the hearing progressed and his questions to Justice Clarence Thomas took a turn from the budget requests to banter, it looked like he might also have had the numbers 45 and 112 on his mind; As in the 45th President of the United States and the 112th Justice of the Supreme Court.
Serrano asked Justice Thomas when the court would make a decision on whether someone born on the island of Puerto Rico – like say, the Congressman himself – could run for president.
Since the island is a territory of the United States, its people are full U.S. citizens. The Constitution says only a “natural born citizen” may occupy the White House. Most legal scholars say that Puerto Ricans fit the bill, but there is some debate. Opportunists on the left and right have used the ambiguous language to challenge the eligibility of candidates. Whacko anti-Obama “Birthers” have no monopoly, as there were challenges to whether John McCain – who was born in the U.S.-run Panama Canal Zone – could be president in 2008.
Thomas laughed and said that the Court was “evading that one.” But also said that there was no such requirement for a Supreme Court Justice to be born in the United States.
“So you haven’t answered the one about whether I can serve as President, but you answer this one,” said Serrano.
Perhaps while waiting for a ruling on whether he can run for President, Serrano would like to join his friend Justice Sonia Sotomayor – a Bronx-born fellow Puerto Rican – on the nation’s highest court. The exchange with Thomas came after the judge said that he did not think that nominees for the upcoming vacancy on the court necessarily need a judicial background.
“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.”
So what are the odds that the ten-term Congressman would actually seek a job in one of the other branches of government? Outdated conversations about citizenship aside, it is hard to imagine a Latino from New York City turning any red states blue, (The West Wing’s fictitious first Hispanic President, Matt Santos, had the good political fortune of being a Texan). As one of the most liberal members of Congress, it is unlikely that Republicans would allow him to be nominated to the court. Not to mention, the man has one of the safest seats in Congress. He is continually re-elected by over 90% of his constituents and rarely faces a challenger.
No, it seems more likely that Serrano will take up pro baseball and top Jackie Robinson’s 137 career home runs than he will try to move to the Executive or Judicial branches. His baseball hero broke down traditional barriers to open up the game to the best players regardless of race, and 63 years later Serrano is just trying to do the same in the U.S. government.