When a justice starts making jokes about a Black child wearing a KKK outfit as a hypothetical, something has gone incredibly awry.
, a case testing whether the free speech rights of a web designer who wants to withhold her services from gay couples is in violation of that state’s public accommodations law, the conservative justices go one better: They completely vaporize the interests of same sex couples seeking wedding services altogether. After all,, there are no suffering parties on the other side of this appeal.
• Justice Samuel Alito joking that Justice Elena Kagan might be more familiar than he is with the website,in a hypothetical about professional photographers. AshleyMadison, of course holds itself out as a meeting place for customers seeking to have extramarital affairs. Alito opened with, “JDate … is a dating service, I gather for Jewish people… Maybe Justice Kagan will also be familiar with the next website I’m going to mention, AshleyMadison. Com… “ “I’m not suggesting,” Alito chuckled.
• Justice Samuel Alito responding to a Ketanji Brown Jackson hypothetical about an all-white Christmas photography package with his own hypothetical, bizarrely about a Black Santa at the mall who is faced somehow with a child dressed up in a KKK outfit. Alito is trying to probe whether Black Santa should not have to be photographed with the KKK-kid: Haha. “If there is a Black Santa at the other end of the mall and he doesn’t want to have his picture taken with a child who is dressed up in a Ku Klux Klan outfit, Black Santa has to do that?” he asked.
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