MAGA hat, #MeToo pin? High court weighs voter clothing law

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 and whether various clothing items could be prohibited.

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 of items 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 polling place 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 able to have a time for some quiet 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. But Minnesota voters also can’t wear clothing promoting a group with recognizable political views. That means no tea party T-shirts, AFL-CIO hats or MoveOn. org buttons.