Judge Samuel Alito apparently decided to test out some new stand-up material when the Supreme Court argued Monday.
While hearing the case of a Christian graphic artist in Colorado who says designing wedding websites for gay couples is against her faith, Justice Ketanji Brown Jackson asked attorney Kristen Wagoner if, after her arguments, a hypothetical photographer could refuse to take pictures of a white Santa Claus with black children.
Waggoner, representing the designer, responded that the photographer could refuse to take the photos.
Alito later tried to flip Jackson’s analogy by asking that a black Santa be photographed with a child dressed in Ku Klux Klan garb.
Colorado Attorney General Eric Olson said no, adding that “Ku Klux Klan outfits are not protected features under public accommodation law.”
Justice Sonia Sotomayor then agreed that, “presumably, that would be the same Ku Klux Klan outfit regardless of whether the child was black or white or some other characteristic.
Alito then joked, “YYou see a lot of black kids in Ku Klux Klan outfits all the time.
Alito, who wrote the majority opinion in the case of Dobbs v. Jackson Women’s Health Organization, which reversed the half-century-old Supreme Court ruling in Roe v. Wade, decided he was on the right track and held back the bah by Justice Elena Kagan knew Ashley Madison, a dating site for people looking for an affair.
Many Twitter users were shocked by Alito’s attempted levity.