You have to watch it live. It was not a running gag. It was just a normal conversation until out of the blue Thomas mentioned the part about not having to be born here to be on the court. Then there was uncomfortable silence. It was an uncomfortable exchange until the end when Thomas smiled as if to give the excuse that it was banter when in reality it had been an uncomfortable exchange brought about deliberately by Thomas bringing up the issue of birthplace in determining what position a person qualifies for.
I gave the link for it; I just counsel anybody to watch it. I totally blew off this conversation based on descriptions similar to yours when I was unable to watch any video on my computer. Then when I had to switch computers I was able to watch it and was immediately struck by how out-of-the-blue Thomas’ comment was, and what an uncomfortable silence it created.
So I say to everybody, listen to it first and then figure out what you think was going on there, because the descriptions don’t always accurately portray the real atmosphere.
REP. JOSE E. SERRANO HOLDS A HEARING ON THE FISCAL YEAR 2009 BUDGET FOR THE U.S. SUPREME COURT
WITNESSES: ANTHONY M. KENNEDY, ASSOCIATE JUSTICE, U.S. SUPREME COURT
CLARENCE THOMAS, ASSOCIATE JUSTICE, U.S. SUPREME COURT
SERRANO:
"...Although I must say on a personal level that for about 10 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."
Like I said...a running gag until Farah gets a hold of it.
From the same 2008 Committee hearing...
SERRANO: I’d like to remind you that your full testimony will be inserted into the record, so we would appreciate, to allow for questions during these difficult voting times, if you could keep your remarks down to five minutes.
However, I’m not about to gavel a member of the Supreme Court, especially before the ruling on my presidency...
KENNEDY: Thank you, Mr. Chairman, Mr. Vice Chairman. Justice Thomas joins me in thanking you for the opportunity to appear before the committee, as is our custom and our pleasure.
(...)
Oh, incidentally, I can give you a ruling right now. You’re eligible to come to the Supreme Court.
SERRANO: I’m eligible to serve on the Supreme Court? Is that what you just said?
KENNEDY: There’s no problem with that, so if your presidential ambitions subside, you can always (OFF-MIKE)
SERRANO: But president is kind of cool.
I have posted the link here on FR a plethora of times since it surfaced. However, the transcript at WND really puts it in prospective!!!