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Concerning the Dec. 7 information article “The Supreme Court thrives on hypotheticals. Alito’s latest sparked backlash.”:
Within the case of Lorie Smith’s web site design enterprise and her protest that she can’t be compelled to use her creative sentiments to rejoice same-sex marriage as a result of it’s in opposition to her non secular convictions, the Supreme Court docket justices are proposing hypotheticals to discover the difficulty.
Justice Samuel A. Alito Jr. misconstrued a hypothetical posed by Justice Ketanji Brown Jackson. Justice Jackson first proposed a mall-Santa images enterprise that offered sepia-toned nostalgic images of White Santas and White youngsters from a “sure period” (presumably Jim Crow). Justice Alito then modified that instance right into a case of particular person prejudice, referring to “the Santa within the mall who doesn’t need his image taken with Black youngsters.” Justice Alito then made a comparability that included two examples of racial prejudice: a Black Santa confronted with a baby in a Ku Klux Klan gown, and a White Santa who didn’t need a Black youngster in his lap. Justice Alito’s counterexample clearly demonstrates that both his authorized thoughts is a blunt instrument or that his sensibilities embrace acceptance, even approval, of racial prejudice. What different potentialities can exist?
Justice Alito’s lack of sensitivity seems to be entrenched in a White morality. Additionally, his reasoning is flawed — offensive in a person tasked with clear, shut reasoning on the facet of justice. If his opinion is that this coarse and biased, he ought to recuse himself.
Douglas Frazier, Bethesda
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