Justice Samuel Alito apparently decided to try out some new material when the Supreme Court held oral arguments Monday.
While hearing the case of a Christian graphic artist in Colorado who said designing wedding websites for gay couples was against her faith, Judge Ketanji Brown Jackson asked attorney Kristen Wagoner if, following her arguments, a hypothetical photographer could refuse to take pictures of a white Santa with black children.
Wagoner, who represents the designer, responded that the photographer would be able to refuse to take the photos.
Alito later tried to reverse Jackson’s analogy by asking whether a Black Santa should be photographed with a child wearing a Ku Klux Klan robe.
Colorado Solicitor General Eric Olson said no, adding that “Ku Klux Klan clothing is not a protected feature under public accommodation laws.”
Afterwards, Justice Sonia Sotomayor said that “it is alleged it would be the same Ku Klux Klan outfit whether the child is black or white or some other characteristic.
Alito then quipped, “Ywe see a lot of black kids in Ku Klux Klan outfits all the time.
Alito, who wrote the majority opinion in Dobbs v. Jackson Women’s Health, overturning the Supreme Court’s half-century-old Roe v. Wade decision, decided he was on the line and continued to fight, suggesting Justice Elena Kagan was familiar with Ashley Madison, a dating site for people who want to have affairs.
Many Twitter users were shocked by Alito’s attempt at levity.
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