Supreme Court justice asks if photographers can racially discriminate in Christmas movie-themed photo shoot
Justice Ketanji Brown Jackson asked the lawyer for a Colorado website designer if a photographer could racially discriminate for a "It's a Wonderful Life" photo shoot.
Justice Ketanji Brown Jackson's racial Christmas-themed hypothetical in a Supreme Court case about free speech vs. gay rights was blasted as "bizarre and outlandish" by Twitter users.
The court was debating whether Colorado's anti-discrimination laws violate the First Amendment by compelling a website designer to create a same-sex wedding website.
The newest Supreme Court justice raised eyebrows for suggesting that the designer's argument could be used to endorse racial discrimination against people of color in a hypothetical "It's a Wonderful Life"-themed photo shoot or a vintage Santa-themed shoot with only White customers.
"Why isn‘t your argument that they should be able to do that, and maybe it is?" she asked about the Santa shoot. In follow-up questions, she brought up the movie analogy.
Justice Ketanji Brown Jackson invoked the film "It's a Wonderful Life" to make a racial discrimination argument in 303 Creative LLC v. Elenis.
KETANJI BROWN JACKSON CLASHES WITH ANTI-AFFIRMATIVE ACTION LAWYER DURING SUPREME COURT ARGUMENTS
"I want to do video depictions of ‘It’s a Wonderful Life,' and knowing that movie very well, I want to be authentic, so only White children and families can be customers for that particular product," she argued.
The justice's proposed scenario about the Christmas classic was mocked by conservative legal pundits and commentators on Twitter.
The Heritage Foundation's Roger Severino said she had made an "outlandish," "white supremacy allegory."
"KBJ is suggesting It's a Wonderful Life can be used as some sort of white supremacy allegory. Even as a hypothetical, it is beyond outlandish and something only someone steeped in critical race theory would come up with," he tweeted.
Severino slammed the justice for making the "feel-good family classic" about "structural racism" in a follow-up tweet.
Supreme Court Justice Ketanji Brown Jackson made a racial discrimination argument centered around "It's a Wonderful Life." (CBS via Getty Images)
"Why must critical race theory wreck absolutely everything. Even [movie protagonist] George Bailey? Really?" he asked.
The Manhattan Institute's Ilya Shapiro labeled the hypothetical "amusing, creative and outlandish" when describing the oral arguments.
Republican aide Steve Guest also called the comments "wild" and "shocking," while Grabien Media founder Tom Elliott mocked the justice as "really smart" with "excellent legal points."
Judge Ketanji Brown Jackson speaks during an event at the White House, April 8, 2022, celebrating her confirmation as the first Black woman to serve on the Supreme Court. (AP Photo/Andrew Harnik)
Brown Jackson was sworn in as the first Black woman on the Supreme Court on June 30 of this year. She was narrowly confirmed by a 53-47 vote in the Senate.
Her answer to Sen. Marsha Blackburn's, R-Tenn., question, "What is a woman?," prompted criticism and mockery on social media.
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