High court hears case about political clothes

Minnesota law forbids polling place messages

WASHINGTON — They were all dressed in basic black robes, but the Supreme Court’s nine justices had a serious discussion about fashion Wednesday as they heard arguments over a Minnesota law that bars voters from wearing political clothing to the polls.

Almost every one of the justices had some hypothetical article of clothing to talk about as they explored the issue of free speech at polling places.

Justice Ruth Bader Ginsburg asked about a #Metoo pin. Justice Elena Kagan wanted to know about clothing that says “Resist” or “Make America Great Again.” And Justice Samuel Alito’s laundry list included a National Rifle Association T-shirt, shirts with the text of the First and Second Amendments and a shirt with a rainbow flag.

Amid the arguments over apparel, several justices suggested support for at least some restrictions. Chief Justice John Roberts told the attorney arguing against Minnesota’s law that he wondered if, after months of a “maybe bitter, sharp, political campaign,” if “maybe, just before you cast your vote, you should be abletohaveatimeforsomequiet reflection or to do that important civic obligation in peace and quiet without being bombarded by another campaign display.”

Most states have laws restricting what voters can wear to the polls, but Minnesota’s law is one of the broadest. It bars voters from casting a ballot wearing clothing with the name of a candidate or political party or related to an issue on the ballot. Minnesota voters also can’t wear clothing promoting a group with recognizable political views. That means no tea party T-shirts, AFLCIO hats or Moveon.org buttons.

Opponents of Minnesota’s law say it’s too broad. The state says it prevents voter intimidation.

During arguments Wednesday, some justices questioned Minnesota’s broader ban. Justice Neil Gorsuch suggested Minnesota’s law is “a bit of an outlier” in its sweep. And Alito said it invites “arbitrary enforcement.” He then asked for answers on whether Minnesota’s law would permit more than a half dozen different T-shirts.

Daniel Rogan, who argued in support of Minnesota’s law, said it wouldn’t allow the NRA shirt or Second Amendment shirt Alito asked about. The First Amendment shirt was fine, he said. And the rainbow flag shirt was OK unless there was an issue on the ballot that related to gay rights, Rogan said.

The case dates back to 2010 and involves a dispute that began over tea party T-shirts and buttons with the words “Please I.D. Me,” a reference to legislation then under discussion that would have required voters to show photo identification.

A decision in Minnesota Voters Alliance v. Mansky is expected by the end of June.