News & Analysis as of

Constitutional Challenges Donald Trump

Braumiller Law Group, PLLC

Hot Topics in International Trade - August 2025 - Trade Letters and Tariff Deals – What Is Going On?

BACKGROUND Since taking office on January 20, 2025, the Trump Administration has undertaken an aggressive trade policy that has impacted, and will continue to impact, all countries trading with the US. Many of the actions...more

Akin Gump Strauss Hauer & Feld LLP

President Trump Declares End of $2.75 Billion Digital Equity Act Programs

On May 8, 2025, President Donald Trump declared in a post on his Truth Social platform that the Digital Equity Act was unconstitutional and that he would be ending the "Digital Equity Program" immediately. The President...more

Cozen O'Connor

Illinois Insights: An update from Cozen O'Connor (4/23)

Cozen O'Connor on

Longtime Illinois U.S. Sen. Dick Durbin won’t seek reelection - “Democratic U.S. Sen. Dick Durbin will not seek a sixth term next year, confirming to WBEZ in an Illinois exclusive that he will leave office in 2027 in a...more

Cozen O'Connor

Cozen Currents: How Trump Trumps

Cozen O'Connor on

“Besides disrupting policy in Washington, the Trump administration is looking to disrupt fundamentally how Washington operates. Thus, even as Trump’s team loses some prominent policy fights, it still sees value in the impact...more

Constangy, Brooks, Smith & Prophete, LLP

Labor & employment in Week 1 of Trump 2

Whoa, Nelly! It's a stampede! After President Trump took office on Monday, he lost no time in undoing as much as he could from not only the Biden Administration, but also going all the way back to the days of President...more

Cozen O'Connor

Six Executive Orders Pertaining to Immigration and DHS Directives

Cozen O'Connor on

On January 20, 2025, President Trump issues six executive orders covering immigration policy decisions. A summary of these executive orders follows. This executive order ends birthright citizenship for those infants who: (1)...more

Dorsey & Whitney LLP

The Supreme Court Update - July 2, 2024

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On July 1, 2024, the last day of the 2023-2024 term, the Supreme Court of the United States issued four decisions: Trump v. United States, No. 23-939: This case concerns the scope of former President Donald J. Trump’s...more

Bradley Arant Boult Cummings LLP

Trademarking History: Justices Uphold Names Clause, Clash Over Reasoning

On June 13, 2024, the Supreme Court handed down its decision in Vidal v. Elster, a case that pitted trademark law against the First Amendment’s free speech protections. While the Court unanimously upheld the Patent and...more

McDermott Will & Schulte

Supreme Court Upholds Constitutionality of Lanham Act’s Names Clause

In Vidal v. Elster, a unanimous Supreme Court of the United States reversed the US Court of Appeals for the Federal Circuit’s decision, holding that the Lanham Act’s names clause does not violate the First Amendment or...more

Troutman Pepper Locke

Supreme Court Upholds Names Clause in Trademark Law, Emphasizing Historical and Traditional Foundations

Troutman Pepper Locke on

In a landmark decision written by Justice Clarence Thomas, the Supreme Court has unanimously upheld the constitutionality of the Lanham Act’s provision that prohibits the registration of trademarks consisting of, or...more

Genova Burns LLC

Unanimous But Fractured: Supreme Court Upholds Rejection of “Trump Too Small” Trademark, With Little Guidance for the Future

Genova Burns LLC on

Last week, the U.S. Supreme Court decided in Vidal v. Ester, 602 U.S. ___ (2024) that the federal prohibition on registering trademarks that identify a living individual without their consent does not violate the First...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

SCOTUS Rules on "Trump Too Small"—Third Recent Ruling on First Amendment Implications for Lanham Act 

The June 13, 2024, U.S. Supreme Court decision in Vidal v. Elster made waves in the trademark community. All of the Court’s decisions are significant, and this matter was of particular interest because the decision marked the...more

Weintraub Tobin

(Podcast) The Briefing: SCOTUS to Determine if USPTO Refusal to Register TRUMP TOO SMALL is Unconstitutional

Weintraub Tobin on

The Supreme Court recently heard oral arguments in the case of Vidal v. Elster to determine whether the USPTO’s refusal to register the trademark “Trump Too Small” violates the applicant’s First Amendment rights. Scott Hervey...more

Weintraub Tobin

The Briefing: SCOTUS to Determine if USPTO Refusal to Register TRUMP TOO SMALL is Unconstitutional

Weintraub Tobin on

The Supreme Court recently heard oral arguments in the case of Vidal v. Elster to determine whether the USPTO’s refusal to register the trademark “Trump Too Small” violates the applicant’s First Amendment rights. Scott Hervey...more

Seyfarth Shaw LLP

Lanham Act May “Trump” First Amendment (For Once)

Seyfarth Shaw LLP on

In what appears to be a shift from prior decisions striking down portions of the federal Lanham Act on First Amendment grounds, the U.S. Supreme Court seems likely to rule against a trademark applicant seeking to register a...more

Katten Muchin Rosenman LLP

Is Trademark Law ‘Too Small' for the First Amendment? - Katten Kattwalk | Issue 25

During the 2016 presidential debate, Senator Marco Rubio taunted Donald Trump for having “small hands.” Now, more than seven years later, progressive activist Steve Elster is continuing his fight to trademark the phrase...more

Dorsey & Whitney LLP

Supreme Court Will Review TRUMP TOO SMALL Trademark Registration Dispute

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The Supreme Court granted certiorari and will review the Federal Circuit’s opinion that Section 2(c) of the Lanham Act is unconstitutional as applied to a trademark for the term TRUMP TOO SMALL. The TRUMP TOO SMALL trademark...more

Zuckerman Spaeder LLP

Carroll v. Trump, Redux: Why Would Congress Want to Have State Law Determine the President's Scope of Employment When the...

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The Justice Department’s invited amicus curiae brief in Blassingame v. Trump1 exposes another anomaly in treating the President’s scope of employment as a question of state tort law for purposes of the Westfall Act. In...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - February 2023

Thank you for reading the February 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss Section 2(c) of the Lanham Act in relation to the Supreme Court's pending review of the TRUMP TOO SMALL...more

Knobbe Martens

First Amendment Trumps Statutory Ban on Trademark Registration

Knobbe Martens on

IN RE STEVE ELSTER - Before Dyk, Taranto, and Chen.  Appeal from the Trademark Trial and Appeal Board. Summary: The Patent and Trademark Office violated the First Amendment by refusing to register the trademark TRUMP...more

Dorsey & Whitney LLP

The Supreme Court - July 9, 2020

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The Supreme Court of the United States issued the following decisions: Trump v. Mazars USA, LLP, No. 19-715; Trump v. Deutsche Bank AG, No. 19-760: In April 2019, three United States House of Representatives’ committees...more

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