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Associate Supreme Court Justice Samuel Alito is facing criticism for making a "joke" about Black children wearing robes donned by the Ku Klux Klan (KKK), the White supremacist hate group that has historically employed terroristic tactics against Black people, other people of color, Jews, Catholics and their allies.
Alito made the crack during oral arguments for a case involving 303 Creative, the business of a Christian graphic artist based in Colorado who claims designing wedding websites for gay couples goes against her religious beliefs.
You can hear what Alito said in the audio below.
\u201cJustice Alito jokes with Justice Kagan that, "You do see a lot of Black children in Ku Klux Klan outfits all the time," during oral arguments in a free speech case.\u201d— The Recount (@The Recount) 1670260686
While hearing the case, Associate Justice Ketanji Brown Jackson asked attorney Kristen Waggoner—who represents the Christian designer—whether a hypothetical photographer would be able to refuse to take photos of a White Santa Claus with Black children.
Waggoner replied the photographer would be able to refuse taking the photos only for Alito to then ask whether a Black Santa Claus would be able to refuse to take a photograph with a child wearing a KKK robe.
Colorado Solicitor General Eric Olson replied no, adding KKK outfits "are not protected characteristics under public accommodation laws.”
To that, Associate Justice Sonia Sotomayor pointed out “presumedly, that would be the same Ku Klux Klan outfit regardless whether if the child was Black or white or any other characteristic.”
Sotomayor's response prompted Alito to make the following remark:
“You do see a lot of Black children in Ku Klux Klan outfits all the time.”
Alito's remarks shocked social media users, who criticized him for making an inappropriate remark during Court arguments.
\u201cGood grief. Alito is so cringe.\u201d— Ana Navarro-C\u00e1rdenas (@Ana Navarro-C\u00e1rdenas) 1670335621
\u201cIt\u2019s astounding that KKK humor on the SCOTUS bench is actually a thing in 2022.\u201d— \ud83c\udf3bDallas Gal\ud83c\udf3b\ud83c\uddfa\ud83c\uddf8\ud83c\uddf5\ud83c\uddf7\ud83c\uddf8\ud83c\uddea\ud83e\udd18\ud83c\udffb\ud83d\udd96\ud83c\udf31 (@\ud83c\udf3bDallas Gal\ud83c\udf3b\ud83c\uddfa\ud83c\uddf8\ud83c\uddf5\ud83c\uddf7\ud83c\uddf8\ud83c\uddea\ud83e\udd18\ud83c\udffb\ud83d\udd96\ud83c\udf31) 1670298255
\u201cOur current Supreme Court is totally detached from the vast majority of Americans.\u201d— Luis Moreno (@Luis Moreno) 1670298211
\u201cAlito is the poster child for expanding the court as soon as possible. His damage to our country and the judicial system has to be diluted, until his bigotry no longer has any effect on the court.\n\nBlack children in KKK hoods my a@@. He's a pathetic man.\u201d— I'MYOURHUCKLEBERRY (@I'MYOURHUCKLEBERRY) 1670283285
\u201cWhat kind of knuckle dragging sub literate thinks this is funny? Oh, Justice Alito, thief of human rights. Checks out.\u201d— Sarah Reese Jones (@Sarah Reese Jones) 1670284766
\u201cMaybe we shouldn't give lifetime tenure to a bunch of partisan hacks using their Supreme Court seats to protect systemic racism in the United States...\u201d— Max Steiner for Congress (@Max Steiner for Congress) 1670285426
\u201cAs a member of the bar, I find this completely unacceptable. Justice Alito making deranged [racist] jokes about his absolutely unhinged counter arg to Justice Jackson\u2014who\u2019d posed the hypothetical of a racist mall Santa refusing to photo service to a Black child. Disgusting audio:\u201d— Johnathan (he) (@Johnathan (he)) 1670294722
This is so absolutely disgusting that I have no words. https://t.co/WkNG6lbQNp— Marlene Robertson (@Marlene Robertson) 1670286519
This heinous creep is making decisions that effect the lives of millions of Americans. No wonder the Supreme Court… https://t.co/r2p6IDCSDy— truenorthresist (@truenorthresist) 1670290948
Alito's jokes did not stop there.
Later, Alito joked that his colleague, Associate Justice Elena Kagan, is familiar with Ashley Madison, the online dating and social networking service marketed to people who are married or in relationships.
New York Times reporters noted that Alito's remarks "provoked snickers in the generally serious chamber."