Daniel Rogan, the lawyer representing Minnesota elections official Joe Mansky, did not exactly do a winning job of countering Breemer's claim. In fact, Rogan all but conceded that the state law is indeed an arbitrary violation of the Constitution, as evinced by this revealing exchange he had with Justice Samuel Alito:
There you have it. Minnesota's lawyer was forced to admit that this sweeping law allows the state to forbid voters from wearing t-shirts at polling places that feature an excerpt from the Bill of Rights. If that's not an overreaching restriction on constitutionally protected speech, what is?
https://reason.com/blog/2018/02/28/its-ok-to-ban-voters-from-wearing-2nd-am/
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 be—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: 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: A shirt with a rainbow flag? No, it would be—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: 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.)
There you have it. Minnesota's lawyer was forced to admit that this sweeping law allows the state to forbid voters from wearing t-shirts at polling places that feature an excerpt from the Bill of Rights. If that's not an overreaching restriction on constitutionally protected speech, what is?
https://reason.com/blog/2018/02/28/its-ok-to-ban-voters-from-wearing-2nd-am/