Among the three opinions issued Thursday by the Supreme Court was one that shut down an attempt to trademark the double entendre “Trump too small.” The high court was unanimous on the bottom line that the rejection didn’t violate the First Amendment. But the justices fractured on the reasoning in a way that calls into question how the Republican-led court goes about deciding cases generally — including gun cases. To get a sense of the underlying split in the trademark case, Vidal v.
” Joined by fellow Democratic appointees Elena Kagan and Ketanji Brown Jackson, she called out Thomas’ citation of the 2022 ruling in Bruen that further expanded gun rights under a supposedly historical approach. “The majority attempts to reassure litigants and the lower courts that a ‘history-focused approac’ here is sensible and workable” by citing Bruen, Sotomayor wrote.
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