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☆ The Supreme Court’s approach on ‘history and tradition’ is irking Amy Coney Barrett
▼ + stars: | 2024-06-19 | by ( Devan Cole | John Fritze | ) edition.cnn.com time to read: +10 min

Though Justice Clarence Thomas’ decision in a major trademark case last week was unanimous, it prompted a sharp debate led by Justice Amy Coney Barrett over the use of history to decide the case. “There definitely is the potential formation here of an alternative or several alternative approaches to history that ultimately draw a majority,” Wolf said. “What we could be seeing is a more nuanced approach to using that history,” said Elizabeth Wydra, president of the progressive Constitutional Accountability Center. But in a striking concurrence that captured support from both liberal and conservative justices, Justice Elena Kagan asserted that the court’s historic analysis need not end with the late-18th century. Barrett’s concurrence said the dispute could have been dealt with based on the court’s past precedent with trademark law and stressed that just leaning on the nation’s trademark history wasn’t good enough.

Persons: Clarence Thomas ’, Amy Coney Barrett, Barrett, Thomas, “, ”, Tom Wolf, Brennan, ” Wolf, Trump, Thomas ’, Antonin Scalia, Elizabeth Wydra, ” Wydra, Ilya Somin, there’s, Bruen, Sonia Sotomayor, … Bruen, –, Elena Kagan, Kagan, Brett Kavanaugh, Sotomayor –, Wolf, Roe, Wade, Vidal, . Elster, Sotomayor, ” Thomas, Kavanaugh, John Roberts, Samuel Alito, Neil Gorsuch, Ketanji Brown Jackson, Barrett’s Organizations: Washington CNN, Brennan Center for Justice, New York, Trump, George Mason University, “, Inc, CNN, Consumer Financial Protection Bureau Locations: New, Bruen, United States

WASHINGTON (AP) — Another day, another Supreme Court case with a mention of former President Donald Trump. Government officials said the phrase “Trump too small” could still be used, just not trademarked because Trump had not consented to its use. But a federal appeals court said refusing trademark registration violated free speech rights. ... And you know what they say about men with small hands,” Rubio said. Are they small hands?

Persons: Donald Trump, Trump, Joe Biden’s, Steve Elster, Marco Rubio . Rubio, Marco ”, “, ” Rubio, ” Trump, ”, shouldn't, Vidal v . Organizations: WASHINGTON, Republican, Justice, Government, Trump, White, U.S . Capitol, Justice Department Locations: California, Florida, Vidal v, Vidal v . Elster

☆ Supreme Court to consider whether ‘Trump Too Small’ can be trademarked without ex-president’s permission
▼ + stars: | 2023-11-01 | by ( Devan Cole | ) edition.cnn.com time to read: +7 min

CNN —A political activist’s desire to register a suggestive phrase targeting Donald Trump’s anatomy and policies is at the center of a Supreme Court case being heard Wednesday that will test the limits of the First Amendment. Elster appealed to the USPTO’s Trademark Trial and Appeal Board, which ultimately refused registration. A federal appeals court, however, later held that the refusal violated Elster’s First Amendment rights. Trump did not weigh in on the case in a friend-of-the-court brief. In two recent cases, the court bolstered First Amendment protections when it declined to back decisions by the USPTO to deny trademark registrations based on other parts of the Lanham Act.

Persons: Donald Trump’s, Trump, “, ’, Steve Elster, –, pare, ”, Maya Tarr, Florida GOP Sen, Marco Rubio, ” Trump, “ Donald Trump, Elster, “ Trump, Elizabeth Prelogar, Vidal, ., Simon Tam Organizations: CNN, “ Trump, Florida GOP, Republican, America, USPTO, Justice Department, Department, “, DOJ Locations: United States, Elster’s, New York, Trump, Elster, “, American

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