The Supreme Court started yesterday with 14 decisions yet to deliver and only reduced the number by two—neither of them the Trump immunity case nor the Loper case concerning the future of the agency deference doctrine of...more
6/27/2024
/ Article III ,
Bribery ,
Constitutional Challenges ,
First Amendment ,
Free Speech ,
Misleading Statements ,
Murthy v Missouri ,
Public Officials ,
SCOTUS ,
Snyder v United States ,
Social Media ,
Standing
June 30th is the nominal last day of the Supreme Court’s current term. The Court began the day with the long-awaited decision in 303 Creative LLC v. Elenis, another 6-3 jurisprudentially ideological split in which, per...more
7/3/2023
/ 303 Creative LLC v Elenis ,
Article III ,
Biden Administration ,
Commercial Litigation ,
Department of Education v Brown ,
First Amendment ,
Free Speech ,
Loan Forgiveness ,
Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission ,
Public Accommodation ,
Religious Beliefs ,
Same-Sex Marriage ,
SCOTUS ,
Standing ,
Website Design
The question of whether a would-be trademark, “TRUMP TOO SMALL,” warrants a First Amendment exception to the Lanham Act’s prohibition on registering a living person’s name as a trademark without that person’s permission has...more
6/19/2023
/ CAFC ,
Certiorari ,
Constitutional Challenges ,
First Amendment ,
Free Speech ,
Lanham Act ,
Public Figures ,
SCOTUS ,
Trademark Registration ,
Trademarks ,
USPTO
Further evidencing an ongoing shift from more absolutist thinking about the intersection between the First Amendment’s Establishment Clause and an individual’s or group’s right of free speech, we find this morning’s unanimous...more
The Court issued opinions in two cases today, both interesting in their particular factual circumstances, but neither controversial, with one unanimously decided and the other with a lone dissent....more
In a long-awaited decision, on December 3, 2012, a divided panel (2–1) of the U.S. Court of Appeals for the Second Circuit vacated the conviction of Alfred Caronia, a former pharmaceutical sales representative for Jazz...more