Judge Samuel Alito apparently decided to test new stand-up material as the Supreme Court held hearings Monday.
Hearing the case of a Christian graphic designer in Colorado who said designing wedding websites for gay couples was against her faith, Judge Ketanji Brown Jackson asked attorney Kristen Wagoner if, according to her arguments, a hypothetical photographer could refuse to take photos of a white Santa with black children.
Waggoner, representing the designer, replied that the photographer could refuse to take the photos.
Alito later attempted to reverse Jackson’s analogy by asking if a Black Santa Clause should be photographed with a child in Ku Klux Klan robes.
Colorado Attorney General Eric Olson said no, adding that “Ku Klux Klan outfits are not protected features under public accommodation laws.”
Judge Sonia Sotomayor then chimed in: “Probably that would be the same Ku Klux Klan outfit regardless of whether the child was black or white or any other characteristic.”
Alito then joked, “YYou see a lot of black kids in Ku Klux Klan outfits all the time.”
Alito, who authored the majority opinion in the Dobbs v. Jackson Women’s Health Organization case and overturned the Supreme Court’s half-century-old ruling in Roe v. Wade, decided he was on the right track and kept the yuks up by becoming a judge Elena suggested Kagan was familiar with Ashley Madison, a dating site for people looking to have affairs.
Many Twitter users were shocked by Alito’s attempt at recklessness.