David Lat's excellent newsletter, Original Jurisdiction, pointed out these two exchanges in the website designed case, which are completely bizarre.
JUSTICE ALITO: Justice Jackson [offered an] example of the Santa in the mall who doesn't want his picture taken with black children. So, if there's a black Santa at the other end of the mall and he doesn't want to have his picture taken with a child who's dressed up in a Ku Klux Klan outfit, that black Santa has to do that?
[Colorado Solicitor General ERIC] OLSON: No, because Ku Klux Klan outfits are not protected characteristics under public accommodation laws.
JUSTICE KAGAN: And, presumably, that would be the same Ku Klux Klan outfit regardless whether the child was black or white or any other characteristic.
JUSTICE ALITO: You do see a lot of black children in Ku Klux Klan outfits, right? All the time….
YIKES!
Here's another doozy:
JUSTICE ALITO: Okay. An unmarried Jewish person asks a Jewish photographer to take a photograph for his Jdate dating profile. It's a dating service, I gather, for Jewish people.
JUSTICE KAGAN: It is.
(Laughter.)
JUSTICE ALITO: All right. Maybe Justice Kagan will also be familiar with the next website I'm going to mention. So, next, a Jewish person asks a Jewish photographer to take a photograph for his ashleymadison.com dating profile.(Laughter.)
JUSTICE ALITO: I'm not suggesting that. I mean, she knows a lot of things….
Double yikes.
Trollito
ReplyDeleteyour welcome
What's so bizarre about posting hypothetical questions? You don't like the answers?
ReplyDelete@946
ReplyDeleteYou would think that a Supreme Court Justice would understand that discrimination is about protected classes and that KKK outfits are not protected.
So, the problem is that his hypothetical on the Santa Claus shows that he doesn't get it. Considering that this is first year law school stuff, it's troubling.
Same thing with J-Date and Ashely Madison comments. Being Jewish (i.e., religion) is a protected class. Being a cheater is not a protected class. He may be able to parrot the standard, but he hasn't internalized it. He does not accept the concept of protection against discrimination of a protected classes.
ReplyDeleteHe's trolling the libs. Not any more complicated than that. Your welcome.
ReplyDelete