[ladyjane]

Let’s say the question of eligibility goes to the Supreme Court. Would Judge Sotomayor have to recuse herself? After all, it was Obama who nominated her.

[Spaulding]

Someone with a legal background could give a definitive
answer. I don't believe supreme court justices have a higher authority. I believe they are presumed chosen to have great concern for the trust they hold. I recall, from “Men in Black”, that several justices have been removed. I suspect recusal would be a personal choice, but I also suspect I will be corrected if that isn't true.

[Virginian308]

The question of eligibility before Sotomayor would be strangely similar to Horace Gray deciding US v Wong Kim Ark.
At the time, Chester Arthur (who appointed Gray) was under suspicion of failing the “NBC” requirement by being born in Dunham, Canada. (Another curious parallel.)