Home
/
RELIGION & LIBERTY ONLINE
/
Justice Alito exposes the hypocrisy of liberal double-standards
Justice Alito exposes the hypocrisy of liberal double-standards
Jun 29, 2026 11:47 AM

You probably haven’t even heard about it, but yesterday there was an exchange in the Supreme Court that future generations will regard as one of the most significant revelations of our political era.

The case of Minnesota Voters Alliance v. Mansky concerns a Minnesota statute that broadly bans all political apparel at the polling place. When Andrew Cilek went to vote in 2010, he wore a shirt bearing the image of the “Don’t Tread on Me” flag and a button that read “Please I.D. Me.” The poll worker asked him to remove the shirt and button because it supposedly violated the state law.

Cilek filed a lawsuit opposing the regulation as an infringement on his First Amendment right to political expression.He also noted that the standard for what is acceptable is arbitrary and the enforcement itself could be politicized since the polling workers are chosen by local political parties.

In the oral arguments, Justice Alito agreed that the law does seem arbitrary and observed that “so many things have political connotations, and the connotations are in the eye of the beholder.” How could any poll worker, he asked, be even-handed in enforcing the regulation?

Daniel Rogan, who defended the statute for the state before the Court, responded that the political speech being conveyed by the wearer had to be “understood as relating to electoral choices and it has to be well-known.”

Alito said “that makes it worse” since the poll worker applying the “reasonable person” standard has to not only recognize the clothing is political speech but well known political speech.

Rogan answered that what the standard meant was it would have to be something a reasonable person would consider “clearly political” and “something that’s going to be reasonably understood by voters in the polling place.” What followed was a line of questioning by Judge Alito that will go down in the history books as a prime example of liberal cluelessness and hypocrisy.

The exchange has to be seen in full to appreciate the devastating effect, so I’ll reprint each part and note which examples of clothing Rogan considers “political” and what he views as “not political”:

JUSTICE ALITO: How about a shirt with a rainbow flag? Would that be permitted?

MR. ROGAN: A shirt with a rainbow flag? No, it would — yes, it would be — it would be permitted unless there was — unless there was an issue on the ballot that — that related somehow to — to gay rights.

Rogan’s conclusion: A symbol for a liberal cause (gay rights) is not political (unless there is something directly related to the issue on the ballot), and thus would be allowed.

JUSTICE ALITO: How about a shirt that says “Parkland Strong”?

ROGAN: No, that would – that would be — that would be allowed. I think -­ I think, Your Honor -­

JUSTICE ALITO: Even though gun control would very likely be an issue?

[Rogan hems and haws for a few moments while Alito pins him down]

ROGAN: I — I think — I think today that I — that would be — if — if that was in Minnesota, and it was “Parkland Strong,” I — I would say that that would be allowed in, that there’s not -­

Rogan’s conclusion: A symbol for a liberal cause (gun control) is not political, and thus would be allowed.

JUSTICE ALITO: Okay. How about an NRA shirt?

ROGAN: An NRA shirt? Today, in Minnesota, no, it would not, Your Honor. I think that that’s a clear indication — and I think what you’re getting at, Your Honor -­

Rogan’s conclusion: A symbol for a conservative cause (gun rights) would be political, and thus not allowed.

JUSTICE ALITO: How about a shirt with the text of the Second Amendment?

ROGAN: Your Honor, I — I – I think that that could be viewed as political, that that — that would be — that would be –

Rogan’s conclusion: The text of an Amendment to the U.S. Constitution would be considered political because it is primarily supported by conservatives, and thus not allowed.

JUSTICE ALITO: How about the First Amendment?

ROGAN: No, Your Honor, I don’t -­I don’t think the First Amendment. And, Your Honor, I -­

CHIEF JUSTICE ROBERTS: No — no what, that it would be covered or wouldn’t be allowed?

ROGAN: It would be allowed.

Rogan’s conclusion: The text of an Amendment to the U.S. Constitution would not be considered political because it’s supported by people other than just conservatives, and thus would be allowed.

ALITO: . . . How about a Colin Kaepernick jersey?

ROGAN: No, Your Honor, I don’t think that that would be under — under our statute. And I think -­

Rogan’s conclusion: The jersey of a football player best known for his left-leaning political activism with the Black Lives Matter movement would not be political, and thus would be allowed.

JUSTICE ALITO: How about “All Lives Matter”?

ROGAN: That could be, Your Honor, that could be — that could be perceived as political.

Rogan’s conclusion: Text considered to be in opposition to the Black Lives Matter movement would be considered political, and thus not allowed.

JUSTICE ALITO: How about an “I Miss Bill” shirt?

ROGAN: I’m sorry, Your Honor? I didn’t -­

JUSTICE ALITO: “I Miss Bill,” or to make it bipartisan, a “Reagan/Bush ’84” shirt?

ROGAN: Yes, Your Honor, I believe that that’s political.

Rogan’s conclusion: Wearing clothes referring to politicians who have been out of office for decades is political, and thus not allowed.

I don’t know much about Mr. Rogan, but I suspect that most people would consider him to be a reasonable person. Yet when asked to apply the “reasonable observer” standard, Rogan consistently considered views on the left to be “non-political” and views on the right to be “political.”

How could such a reasonable person be so clueless? The late novelist David Foster Wallace tells an old joke about fish and water that can help us see the problem:

“There are these two young fish swimming along and they happen to meet an older fish swimming the other way, who nods at them and says “Morning, boys. How’s the water?” And the two young fish swim on for a bit, and then eventually one of them looks over at the other and goes “What the hell is water?”

There’s also an old saying that fish are the last to discover water. Something similar could be said about liberals and their left-leaning bias. They are the last to discover political bias because they assume what they believe about the world is the standard by which all other views must judged. While other people are being “political” they are merely being “reasonable.”

Christians should consider what it means for us to trust our most sacred rights—especially our rights to speech and religious freedom—to such “reasonable observers.”

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Russian aggression against Ukraine threatens religious liberty
Ukraine is under siege, and if history is any indicator, should Russia prove victorious, freedom of religion will also be under siege. Read More… Russia’s attack on Ukraine continues. Ukrainian resistance so far has been fierce, but Russian forces retain a huge advantage in firepower. A victory by Moscow would mean installation of a puppet government in Kyiv, with harsh repression to follow. Politically Russia was unfree even before the war. However, fear of popular protest led Russian president Vladimir...
Finding hope for Ukraine’s future
As the world watches in horror at the war in Ukraine, and the specter of a devastated Ukrainian economy and infrastructure lurks in the shadows, there is nevertheless good news still to be found. And it starts with free peoples and free markets. Read More… Thirty years ago, the world was in a transition that felt almost euphoric. The Soviet Union had been disbanded munism in much of the rest of the world was in retreat. Liberal democracies were ascendant,...
The “Dumbest Generation” has finally grown up
Mark Bauerlein’s follow-up to his 2008 book, The Dumbest Generation, delivers a depressing assessment of what hollowing out the academic canon has produced in the lives of students subjected to the dumbed-down curriculum. Read More… In his “Parable of the Madman,” Nietzsche, reflecting on the death of God, observes that “this tremendous event is still on its way,” continuing that “deeds, though done, still require time to be seen and heard.” The Madman notes the irony that even though “this...
The Power of the Dog is everything that is wrong with Hollywood
Determined to destroy the Western, masculinity, and every shred of self-respect, this 12x-Oscar-nominated film from Jane Campion finally catches up to its own conceits, but far too late. Read More… My long series on Oscar movies ing to an end with angry words about Hollywood. To summarize, I liked Wes Anderson, loved Paul Thomas Anderson, was amused by Ridley Scott, disappointed by Steven Spielberg, and disgusted by Guillermo Del Toro. Of course, this is of no importance to the artists...
When Catholic social teaching and neoclassical economics collide
A new book on a “just economy” from a Catholic perspective has more to say about injustices wrought by neoliberalism than it does about crony capitalism and the fraught history of the statist solutions it mends. Read More… Anyone looking for an engaging overview of what modern Catholic social teaching (CST) has to say about economic matters will find it in Anthony Annett’s book Cathonomics: How Catholic Tradition Can Create a More Just Economy. Yet Cathonomics is much more than...
The Incarnation: The basis for a free and virtuous society
The material and the spiritual were never meant to be opposed to each other, which is why we at Acton work to realize spiritual benefits in the context of the hustle and bustle of the material world. Read More… In the Genesis account of creation, we read that God “looked at all he had made and found it very good.” Today’s feast, which celebrates the Annunciation to Mary and the Incarnation of the Son of God, reminds us that no...
How do we determine the morality of economic sanctions?
Russia and individual Russians have been hard hit by sanctions imposed by nations around the world, all intended to deter Vladimir Putin from pursuing his illegal war in Ukraine. But what moral principles should guide our decisions about whether to impose sanctions and the form they take? Read More… Are economic sanctions morally permissible? That question has been asked by many people since Russia’s invasion of Ukraine and the imposition of a range of economic sanctions on Russian entities and...
Film noir and the movie-made American male
As a genre of dark intrigue, stoic protagonists, and femmes fatales, film noir has continued to beguile and entertain filmgoers for decades. But does it also have something to say about the relationship between happiness and justice? Read More… Recently I spoke at Hillsdale College on film noir as part of a program that introduced audiences to four of the most impressive movies in the genre that defined the tough detective in America and the less popular type of doomed...
When intellectual giants collide: Mateo Liberatore vs. Blessed Antonio Rosmini
The 225th birthday of Blessed Antonio Rosmini is a good time to remember that heated debate on the intersection of faith and reason, philosophy and the Word of God, is to be encouraged. You you never know what light will be shed—or when a saint is in the making. Read More… Christian philosophy and morality were far from my intellectual radar during the 1970s when I decided to focus on economic studies. At the time I was captivated by the...
Volodymyr Zelensky is the Servant of the People
In this 2015 starring the ic Zelensky, we witness what is now an absolutely surreal depiction of a man from nowhere thrust into history with the weight of his people’s fate on his shoulders. Imagine such a thing happening in real life. I know I can’t. Read More… Three Ukrainian oligarchs, a shadow Triumvirate as it were, stand on a balcony overlooking a gorgeous town square. An election for president is imminent and they’re tired of wasting millions on backing...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved