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Minnesota Voters Alliance vs. Joe Mansky (Justice Alito NAILS the Leftist Defender)
Supreme Court Argument Transcript ^ | 2/28/2018 | Supreme Court Arguments

Posted on 03/07/2018 3:36:15 PM PST by rlmorel

(Disclaimer: Please excuse and correct any errors in terminology-I don't know legal processes well)

There was a case argued on 2/28/2018 in front of the Supreme Court (Minnesota Voters Alliance vs. Joe Mansky) regarding the expression of political speech in polling areas. In the exchange below, Mr. Mansky is defending the Minnesota state statute prohibiting the wearing of political apparel at polling locations. Justice Alito is drilling down on just what "apparel" would be allowed or disallowed at a polling place:

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.

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

MR. 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?

MR. ROGAN: To the extent -­

JUSTICE ALITO: I bet some candidate would raise an issue about gun control.

MR. ROGAN: Your Honor, the -- the -­ the line that we're drawing is one that is -­ is related to electoral choices in a -­

JUSTICE ALITO: Well, what's the answer to this question? You're a polling official. You're the reasonable person. Would that be allowed or would it not be allowed?

MR. ROGAN: The -- the Parkland?

JUSTICE ALITO: Yeah.

MR. 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 -­

JUSTICE ALITO: Okay. How about an NRA shirt?

MR. 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 -­

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

MR. ROGAN: Your Honor, I -- I -- I think that that could be viewed as political, that that -- that would be -- that would be -­

JUSTICE ALITO: How about the First Amendment? (Laughter.)

MR. 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

MR. ROGAN: It would be allowed.

CHIEF JUSTICE ROBERTS: It would be?

MR. ROGAN: It would be. And -- and I think the -- I understand the -- the idea, and I've -- I've -- there are obviously a lot of examples that -- that have been bandied about here -­

JUSTICE ALITO: Yeah, well, this is the problem. How about a Colin Kaepernick Jersey?

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

JUSTICE ALITO: How about "All Lives Matter"?

MR ROGAN: That could be, your honor, that could be - that could be political. And I -- I think obviously, Your Honor, there -- there are some hard calls and there are always going to be hard calls. And that -- that doesn't mean that the line that we've drawn is -- is unconstitutional or even unreasonable.

JUSTICE ALITO: How about an "I Miss Bill" shirt? (Laughter.)

MR. ROGAN: I'm sorry, Your Honor? I didn't -­

JUSTICE ALITO: "I Miss Bill," or to make it bipartisan, a "Reagan/Bush '84" shirt?

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


TOPICS: Culture/Society; Government; News/Current Events; Politics/Elections
KEYWORDS: alito; supremecourt
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Dan Bongino (at The Dan Bongino Show) discussed it in his podcast yesterday, and provided a link to the transcript of the oral arguments, and I was so intrigued by Dan Bongino's description of the events that I read the entire thing. It was fascinating reading to me.

I suspect that what sent this to the Supreme Court was a conservative voter showing up at a polling place wearing a NRA hat and denied entry, while they waved someone with a "Black Lives Matter" hat right on through. (Just a guess on my part)

I am not familiar with these things, so it was hard for me to figure out when I started in who was arguing for what. The first attorney represented the Minnesota Voters Alliance (Mr. Breemer) and while I was trying to figure it out, realized Sotomayor, Kagan, Kennedy, and (when she wasn't nodding off) Ginsberg were ALL over this guy. They were interrupting what he said, ganging up one after the other, and I figured out pretty quick which side Mr. Breemer was arguing for!)

But I loved it when guy representing the State of Minnesota (Mr. Rogan) came up, Justice Alito got right to the heart of the matter and drilled right into it...specifically with his comment about a shirt with the text of the 2nd Amendment, immediately followed by his question about the same shirt with the text of the 1st Amendment!

If you listen to the audio of this exchange at Audio for the Minnesota Voters Alliance vs. Joe Mansky at about the 30 min. mark is just great! He makes the guy start to stutter...:)

BRILLIANT!

1 posted on 03/07/2018 3:36:16 PM PST by rlmorel
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To: rlmorel

Don’t any of these dolts see the absurdity of their position banning anything by such subjective measures? When their answers are “I think...”, “I don’t think”, “I don’t know”, “it depends on...”

Good God, please help us all.


2 posted on 03/07/2018 3:53:40 PM PST by Sopater (Is it not lawful for me to do what I will with mine own? - Matthew 20:15a)
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To: rlmorel

The attorney should have just said, “I know when I see it” (quoting Justice Stewart regarding obscenity). The guy clearly lost the case, so he might as well go out with a laugh.


3 posted on 03/07/2018 3:55:32 PM PST by Repeal 16-17 (Let me know when the Shooting starts.)
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To: rlmorel

“Brilliant!”

I certainly agree!


4 posted on 03/07/2018 3:58:49 PM PST by MeganC (There is nothing feminine about feminism.)
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To: Repeal 16-17
“I know when I see it”

The corollary: If you are for it, I am against it.

5 posted on 03/07/2018 4:08:28 PM PST by ptsal ( Get your facts first, then you can distort them as you please. - M. Twain)
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To: Repeal 16-17

>>The guy clearly lost the case

The sad thing is that he probably hasn’t lost it. 3-5 justices probably think his idiotic and bumbling “answers” are essentially correct.


6 posted on 03/07/2018 4:09:12 PM PST by 1L
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To: rlmorel

Thank you for posting this. Justice Alito makes a very good point.

It is also a very good website. I like how we can listen to the actual audio exchange, how the transcript is highlighted with the text currently being spoken, and how the picture of the Supreme Court Justice speaking is highlighted.


7 posted on 03/07/2018 4:10:50 PM PST by jeannineinsd
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To: jeannineinsd

I was impressed with it too! I had never seen it before today.


8 posted on 03/07/2018 4:28:19 PM PST by rlmorel (Leftists: American Liberty is the egg that requires breaking to make their Utopian omelette)
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To: Repeal 16-17

Heh, I didn’t really see it that way, but that is a funny take on it!


9 posted on 03/07/2018 4:29:03 PM PST by rlmorel (Leftists: American Liberty is the egg that requires breaking to make their Utopian omelette)
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To: rlmorel
Thanks for the audio link. That was amazing. Every right-wing issue would not be allowed in the polling place, but every left-wing issue could walk right in.
10 posted on 03/07/2018 4:39:35 PM PST by NutsOnYew (If the world was perfect, it wouldn't be.)
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To: 1L

Well 3 and 4 are fine.

You know how the SC works, right? :)


11 posted on 03/07/2018 4:45:31 PM PST by dp0622 (The Left should know saying Syrian rebels in anost back in Trump is kicked out of office, it is WAR!)
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To: NutsOnYew

I haven’t been able to find out exactly what kicked this off...but I will bet that was exactly it, and they pissed off some patriot who decided to sue.


12 posted on 03/07/2018 4:49:27 PM PST by rlmorel (Leftists: American Liberty is the egg that requires breaking to make their Utopian omelette)
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To: rlmorel
I haven’t been able to find out exactly what kicked this off...

I scanned an article about this recently. IIRC, he was wearing a pin that said "Please ID Me" and a shirt with a political message. All passive. He never opened his mouth to try to influence any votes.

13 posted on 03/07/2018 4:55:29 PM PST by NutsOnYew (If the world was perfect, it wouldn't be.)
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To: MeganC
The way Dan Bongino described it just made me grin in my car as I listened to the podcast...especially the part where he read the part where Justice Alito said: "How about a shirt with the text of the Second Amendment?" and when the guy said no, that couldn't be worn, he said "How about the First Amendment? "

Personally I can do a decent job (I think) of framing my point of view and responding when I have time to do so. I can write.

I am, however, pretty slow on my feet when it comes to actual discourse. I SO admired his retort about the First Amendment!

So quick, and like a rapier right to the EXACT point, all in five simple words: "How about the First Amendment? "

Just wow. I miss both Scalia and Rehnquist. But this guy seems like he could live up to their example.

14 posted on 03/07/2018 4:58:08 PM PST by rlmorel (Leftists: American Liberty is the egg that requires breaking to make their Utopian omelette)
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To: NutsOnYew

Thank you!


15 posted on 03/07/2018 4:59:38 PM PST by rlmorel (Leftists: American Liberty is the egg that requires breaking to make their Utopian omelette)
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To: ptsal

I’m against it.

https://www.youtube.com/watch?v=xHash5takWU


16 posted on 03/07/2018 5:25:45 PM PST by NTHockey (Rules of engagement #1: Take no prisoners. And to the NSA trolls, FU)
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To: NutsOnYew

I was in Minnesota for the 2010 general election. The SoS stated that anyone wearing anything with “Please ID Me” would be arrested. I had no such apparel, but presented my Minnesota driver’s license without being asked. I got a major stink eye from the election judge. Then I found out that someone voted for me.


17 posted on 03/07/2018 5:29:18 PM PST by Fred Hayek (The Democratic Party is now the operational arm of the CPUSA)
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To: Fred Hayek
Then I found out that someone voted for me.

That's funny! Unless you're the Hayek from the Austrian School of economics, in which case, I'd vote for you also. :)

18 posted on 03/07/2018 5:42:33 PM PST by NutsOnYew (If the world was perfect, it wouldn't be.)
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To: Fred Hayek

And we’re you allowed to challenge the fake vote?

Is there a link to a FR post about your adventure, so we can all read about it?

Thanks!


19 posted on 03/07/2018 5:44:05 PM PST by texas booster (Join FreeRepublic's Folding@Home team (Team # 36120) Cure Alzheimer's!)
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To: rlmorel

I just love the whole process.

Simply amazing all that has to be taken into consideration.


20 posted on 03/07/2018 5:55:19 PM PST by SoConPubbie (Mitt and Obama: They're the same poison, just a different potency)
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