Donald Trump was on Supreme Court justices’ minds on Wednesday, even though the former president wasn’t a party to the case being argued in Washington. Rather, the case was about trademarking the phrase “Trump Too Small” for T-shirts, in a dispute between the guy who wants the trademark and the government.
It stemmed from the 2016 presidential race, when Sen. Marco Rubio, R-Fla., mocked Trump’s hand size. Attorney Steve Elster wanted to trademark the double entendre insinuating the now-leading GOP 2024 candidate has a small penis. So, the case isn’t about Trump per se, but he’s part of it in a sense.
Indeed, some justices more than others chose to inject him further into the dispute — including Justice Amy Coney Barrett, whose appointment Trump helped rushed through at the end of his tenure in 2020 to replace the late Justice Ruth Bader Ginsburg.
During the oral argument on Wednesday, Barrett raised a hypothetical question (arguments largely consistent of such judicial queries) over a theoretical book called “Trump Too Small” that “details Trump’s pettiness over the years and just argues that he’s not a fit public official.”
Clip via C-Span: pic.twitter.com/7AzUrMb5Rn
— Lawrence Hurley (@lawrencehurley) November 1, 2023
What’s notable about the remark is that Barrett didn’t have to make it. Though, to the extent it was an incredibly thinly veiled comment against her appointer, she obviously didn’t mind taking advantage of the lifetime judicial seat he gave her. At any rate, it’s a case that isn’t about Trump that’s also about Trump.
As for the likely outcome, NBC News’ Lawrence Hurley reported the argument signaled the justices won’t allow the trademark. We should find out one way or the other by late June, when the term’s final opinions usually come.
Between now and then, the justices might not be able to avoid direct encounters with the former president’s legal claims, including potential appeals regarding the brewing issue in courts across the country over whether he’s eligible to take the White House again. If he is, Trump could have the opportunity to appoint more justices after already appointing a third of the nine-justice bench during his first term.
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