Tuesday, March 24, 2015

"I mean, suppose somebody submitted a license plate to Texas that said, 'Vote Republican,' ��and Texas said, yes, that's fine."

"And next person submitted a license plate to Texas and it said 'Vote Democratic,' and Texas said, no, we're not going to approve that one. What about that?" asked Justice Kagan in yesterday's oral argument about whether Texas could reject the specialty license plate proposed by the Sons of Confederate Veterans. (We talked about the case yesterday here.)

The lawyer for Texas said � lamely � "Yeah, Justice Kagan, I don't think our position would necessarily allow that...." And she was all "But why... why wouldn't it allow that?"

Here's the oral argument transcript (PDF). The lawyer (Scott A. Keller) had no good answer, as far as I can tell.

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