SCOTUS | Justice Alito Schools a Progressive Lawyer

Oral arguments “Defending” state law ban on “political” clothing at polling stations.

Via Acton dot Org

JUSTICE ALITO: How about a shirt with a rainbow flag? Would that be permitted?

MR. ROGAN: A shirt with a rainbow flag? No, it would — yes, it would be — it would be permitted unless there was — unless there was an issue on the ballot that — that related somehow to — to gay rights.

Rogan’s conclusion: A symbol for a liberal cause (gay rights) is not political (unless there is something directly related to the issue on the ballot), and thus would be allowed.

JUSTICE ALITO: How about a shirt that says “Parkland Strong”?

ROGAN: No, that would – that would be — that would be allowed. I think -­ I think, Your Honor -­

JUSTICE ALITO: Even though gun control would very likely be an issue?

[Rogan hems and haws for a few moments while Alito pins him down]

ROGAN: I — I think — I think today that I — that would be — if — if that was in Minnesota, and it was “Parkland Strong,” I — I would say that that would be allowed in, that there’s not -­

Rogan’s conclusion: A symbol for a liberal cause (gun control) is not political, and thus would be allowed.

JUSTICE ALITO: Okay. How about an NRA shirt?

ROGAN: An NRA shirt? Today, in Minnesota, no, it would not, Your Honor. I think that that’s a clear indication — and I think what you’re getting at, Your Honor -­

Rogan’s conclusion: A symbol for a conservative cause (gun rights) would be political, and thus not allowed.

JUSTICE ALITO: How about a shirt with the text of the Second Amendment?

ROGAN: Your Honor, I — I – I think that that could be viewed as political, that that — that would be — that would be –

Rogan’s conclusion: The text of an Amendment to the U.S. Constitution would be considered political because it is primarily supported by conservatives, and thus not allowed.

JUSTICE ALITO: How about the First Amendment?

ROGAN: No, Your Honor, I don’t -­I don’t think the First Amendment. And, Your Honor, I -­

CHIEF JUSTICE ROBERTS: No — no what, that it would be covered or wouldn’t be allowed?

ROGAN: It would be allowed.

Rogan’s conclusion: The text of an Amendment to the U.S. Constitution would not be considered political because it’s supported by people other than just conservatives, and thus would be allowed.

ALITO: . . . How about a Colin Kaepernick jersey?

ROGAN: No, Your Honor, I don’t think that that would be under — under our statute. And I think -­

Rogan’s conclusion: The jersey of a football player best known for his left-leaning political activism with the Black Lives Matter movement would not be political, and thus would be allowed.

JUSTICE ALITO: How about “All Lives Matter”?

ROGAN: That could be, Your Honor, that could be — that could be perceived as political.

Rogan’s conclusion: Text considered to be in opposition to the Black Lives Matter movement would be considered political, and thus not allowed.

JUSTICE ALITO: How about an “I Miss Bill” shirt?

ROGAN: I’m sorry, Your Honor? I didn’t -­

JUSTICE ALITO: “I Miss Bill,” or to make it bipartisan, a “Reagan/Bush ’84” shirt?

ROGAN: Yes, Your Honor, I believe that that’s political.

Rogan’s conclusion: Wearing clothes referring to politicians who have been out of office for decades is political, and thus not allowed.

This entry was posted in #RcWire.

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