by Judge Samuel Alito apparently decided to try some new stand-up material when the Supreme Court held oral arguments on Monday.
While listening to the case of a Christian graphic artist in Colorado who said it was against his faith to design wedding websites for same-sex couples, Judge Ketanji Brown Jackson asked attorney Kristen Wagoner, following her allegations, whether a hypothetical photographer could refuse to take pictures of a white Santa with Black children.
Wagoner, who represents the designer, said the photographer could refuse to take the photos.
Alito then tried to reverse Jackson’s analogy by asking if a Black Santa Claus should be photographed with a boy dressed in a Ku Klux Klan robe.
Colorado Attorney General Eric Olson said no, adding that “Ku Klux Klan clothing is not protected features under public housing laws.”
Judge Sonia Sotomayor later said, “probably, this will be the same Ku Klux Klan outfit regardless of whether the child is Black or white or otherwise.
Alito later joked, “Eyou always see a lot of Black kids in Ku Klux Klan outfits.
Alito, who wrote the majority opinion in the Dobbs v. Jackson Women’s Health Organization case and reversed the high court’s half-century decision in the Roe v. Wade case, decided he was in good standing and continued the burdens by recommending Judge Elena. Kagan was familiar with Ashley Madison, a dating site for those looking for a relationship.
Many Twitter users were shocked by Alito’s attempt at lightness.
