'Justice Thomas ignores my reasons for drawing the analogy,' Justice Amy Coney Barrett wrote in a new opinion about trademark law.
U.S. Supreme Court Justice Amy Coney Barrett refuted an argument made by fellow conservative Justice Clarence Thomas as part of a unanimous ruling issued on Thursday.Thomas delivered the majority of the opinion for the Court in Vidal v. Elster, a case stemming from petitioner Steve Elster wanting to register the phrase 'TRUMP TOO SMALL' for use on T-shirts and other apparel starting in 2018 without first obtaining former President Donald Trump's consent.The U.S.
'But Barrett in her concurring opinion retorted to Thomas' statements and his adherence to 'history and tradition' in establishing the clause's constitutionality, arguing that the Court has not cleared the 'historical analogue' bar it sets for itself and that historical counterexamples complicate the argument.She writes in a footnote: 'Justice Thomas mistakenly suggests that I present the federal trademark register as a limited public forum.
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