Justice Alito Jokes About Black Kids In KKK Robes, Which Further Proves He Shouldn’t Serve On the Supreme Court

His remarks were made during a case concerning discrimination against LGBTQ folks.

On Monday, the Supreme Court heard arguments in a case about a web designer who wanted to be legally allowed to not work on same-sex weddings. Her reasoning? It goes against her values as a conservative evangelical Christian. And somehow during the session, Justice Alito couldnโ€™t help from making a joke about the Ku Klux Klan.

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Lorie Smith, who resides in Colorado, said she opposes same-sex marriage because of her religion and wants to be legally exempt from a state law that bans discrimination on the basis of sexual orientation in public accommodations. In 2016, Smith sued the state and said she has a free speech right under the First Amendment.

Justice Ketanji Brown Jackson then introduced a hypothetical to illuminate Smithโ€™s bigotry. She described a fictional photography business where โ€œonly white children can be photographed with Santa.โ€ Jackson continued with her hypothetical, explaining that the photographer will refer families of color to a different Santa located at โ€œthe other end of the mall.โ€

That Santa will photograph families of color, she explained before asking Kristen Waggoner, Smithโ€™s lawyer, โ€œwhy isnโ€™t your argument that they should be able to do that?โ€

Waggoner admitted there are โ€œdifficult lines to drawโ€ and that example might be an โ€œedge case.โ€ Alito, who wrote the ruling overturning Roe v. Wade earlier this year, somehow brought the KKK into Brownโ€™s hypothetical which only revealed his thinly-veiled racism.

โ€œSo if thereโ€™s a Black Santa at the other end of the mall and he doesnโ€™t want to have his picture taken with a child whoโ€™s dressed up in a Ku Klux Klan outfit, that Black Santa has to do that?โ€ Alito asked Colorado solicitor general Eric Olson.

โ€œNo, because Ku Klux Klan outfits are not protected characteristics under public accommodation laws,โ€ Olson retorted. Justice Elena Kagan, who is liberal, asked: โ€œAnd, presumably, that would be the same Ku Klux Klan outfit regardless of whether the child was Black or white or any other characteristic?โ€

Alito quipped: โ€œYou do see a lot of Black children in Ku Klux Klan outfits, right? All the time. All the time.โ€ This drew laughter from the court, but thereโ€™s nothing funny about bringing up a terrorist organization responsible for violence again Black peopleโ€”which frequently led to their death.

This inane comparison only proves one thing: Alito has no business serving on the Supreme Court.

Straight From The Root

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