Alito’s ‘Black KKK Kids’ Thought Experiment Backfires Spectacularly

Justice Ketanji Brown Jackson, responding to oral arguments for the Supreme Court case 303 Creative v. Elenis, a case regarding whether a web designer can refuse service to gay couples looking for her to design their websites asked Kristin Waggoner, 303 Creative's Attorney, a hypothetical: If there was a mall Santa Clause who wanted to sell "classic" Christmas photos that resemble an earlier time period, and wanted to do so only with white children, and all non-white children could receive photos with another Santa on the other side of the mall, would Waggoner believe that that is permissible and non-discriminatory as well given 303's Position on refusing service to gay couples? Later On In Oral Arguments, Justice Samuel Alito returns to Justice Jackson's hypothetical and asks Colorado Solicitor General Eric Olson whether the santa Clause who was accommodating the non-white children, and is black, would be required to take photos with a child even if that child was wearing a Ku Klux Klan outfit.

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