And Thomas never said: “We are evading that”???
Sigh. Not that myth again.
Thomas never said those words about Obama's eligibility.
Every year, two Supreme Court justices go to Congress to testify, chiefly about the Court's budget. (It's not the same two every year; they rotate.) Every year, Jose Serrano, a Congressman who was born in Puerto Rico, asks whichever two justices are testifying if he (Serrano) is eligible to run for President. (This is legally a gray area, because people born in Puerto Rico are U.S. citizens, but only by statute, not under the Constitution.) Every year, whoever is testifying tells Serrano that they can't comment on a legal issue that has never been decided and may someday come before the Court. Serrano nonetheless does this every year, to the point that it has become a running joke. The year Thomas was testifying, Serrano asked his question again, and Thomas said, "you know we're evading that." Everyone laughed (as you will see on the video), because this is Serrano's running joke. President Obama never came up.