Home
/
RELIGION & LIBERTY ONLINE
/
Justice Alito exposes the hypocrisy of liberal double-standards
Justice Alito exposes the hypocrisy of liberal double-standards
Jan 17, 2026 8:14 PM

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
The Superbowl: The New Day of Solidarity
If there is one day where young and old, Republican and Democrat, black and white, the 99% and the 1%, put down their weapons and disputes, it is on Superbowl Sunday. The game, the ads, the food, and so on, turned Superbowl Sunday into a major spectacle. The spectacle has not gone unnoticed among religious leaders. In fact, as Superbowl viewership has increased to over 100 million in recent years so has the fort about the game and the spectacle....
‘Becoming Europe’ or Coming Full Circle?
America, for the obvious reasons, holds strong ties to Europe. But it is a country that has primarily been associated with a distinctness and separation from the turmoil and practices of the continent. In his farewell address, George Washington famously warned Americans about remaining separate from European influence and declared, “History and experience prove that foreign influence is one of the most baneful foes of republican government.” Class strife, conflict, and instability already long characterized the European fabric at the...
Obama’s Most Fowl Double Standard
In the 1880s America’s most flighty fad was fowl-bedecked fashion. “Trendy bonnets were piled high with feathers, birds, fruit, flowers, furs, even mice and small reptiles,” writes Jennifer Price, “Birds were by far the most popular accessory: Women sported egret plumes, owl heads, sparrow wings, and whole hummingbirds; a single hat could feature all that, plus four or five warblers.” The result was the killing of millions of birds, including many exotic and rare species. Reporting on the winter hat...
Celebrating Liberty During Black History Month
Since the 1970s, Black History Month has been a time to focus on some of the highlights of the black experience in America. In 2009, Jonathan Bean put together a wonderful book recounting the vital role liberty played in the American black experience. In Race and Liberty In America: The Essential Reader, Bean demonstrates that from the Declaration of Independence to the Civil Rights Act of 1964 to the 2007 U.S. Supreme Court decision banning school assignment by race, classical...
The Plan to Save Catholic Schools
In the Wall Street Journal, Cardinal Timothy Dolan explains how Catholic Schools bat falling enrollment while keeping standards high: I have heard from many leaders in business and finance that when a graduate from Catholic elementary and secondary schools applies for an entry-level position in panies, the employer can be confident that the applicant will have the necessary skills to do the job. Joseph Viteritti, a professor of public policy at Hunter College in New York who specializes in education...
So God Made Paul Harvey
Last night millions of young Super Bowl viewers were introduced to one of the most influential conservatives in modern America. And it was done with mercial. Rush Limbaugh is often credited with the dubious honor of bringing conservative talk radio to the masses. And it is certainly true that Rush paved the way for Hannity, O’Reilly, and other pundits by perfecting the three-hour babblefest. But the true pioneer and undisputed king of conservative radio is Paul Harvey, a man who...
Departing in Peace: Economics and Liturgical Living
In the most recent issue of Theosis (1.6), Fr. Thomas Loya, a Byzantine Catholic priest, iconographer, and columnist, has an interesting contribution on the ing feast of the Presentation of Christ at the Temple (also known as Candlemas or the “Meeting of the Lord”). For many, February 2nd is simply the most bizarre and meaningless American holiday: Groundhog Day. However, for more traditional Christians, this is a major Christian feast day: memoration of the forty day presentation of Christ at...
Rev. Robert Sirico Participates in Debate on Government’s Role in Helping Poor
On Monday, January 28, the Rev. Robert Sirico participated in a debate, hosted by the Aquinas Institute for Catholic Thought, on the role of government in helping the poor. Fr. Sirico debated Michael Sean Winters, a writer with the National Catholic Reporter, on the campus of the University of Colorado in Boulder. The priest said during the debate that with the “overarching ethical orientation” a capitalist economy needs, it can provide for the needs of the poor. No solution, he...
Civil Society and Social Eco-System: Seeking Solutions Beyond Market and State
Over at Fieldnotes Magazine, Matthew Kaemingk offers a good reminder that in our social solutions-seeking we needn’t be limited to thinking only in terms of market and state. By boxing ourselves in as such, Kaemingk argues, Christians risk an overly simplistic, non-Biblicalview of human needs and human destiny: When presented with almost any social problem (education, health care, poverty, family life, and so on), today’s leaders typically point to one of two possible solutions—a freer market or a stronger state....
The Edict of Milan in the History of Liberty
The Emperor Constantine with his mother Helen, both memorated as saints of the Church. This month marks the 1,700th anniversary of the Edict of Milan. While much debate surrounds the relationship of Church and state in Christian Rome, even key figures like the Emperor Constantine (traditionally considered a saint by both East and West), the Edict of Milan is something that anyone who values liberty, religious liberty in particular, ought memorate as a monumental achievement. While a previous edict in...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved