Last week, the Supreme Court continued to issue significant rulings. These include unanimously holding that abortion medication objectors lack standing to challenge FDA decisions related to the use of the medication, striking down ATF’s classification of “bump stocks” as machineguns, and unanimously upholding the USPTO’s refusal to register a “TRUMP TOO SMALL” trademark. The following decision alerts offer analysis and practical takeaways. Click the links below to read more about each decision.
Link to Decision Alert: Supreme Court Unanimously Holds Abortion Medication Objectors Lack Standing Decision Alert: Supreme Court Unanimously Holds Abortion Medication Objectors Lack Standing
On June 13, 2024, the Supreme Court unanimously held in U.S. Food and Drug Administration v. Alliance for Hippocratic Medicine and Danco Laboratories v. Alliance for Hippocratic Medicine that plaintiffs objecting to the use of mifepristone, commonly referred to as the “abortion pill” because it blocks a hormone necessary for a pregnancy to continue, lack standing to bring their suit. Justice Kavanaugh authored the opinion for the Court.
Link to Decision Alert: Supreme Court Unanimously Upholds Patent and Trademark Office’s Refusal to Register “TRUMP TOO SMALL” Trademark Decision Alert: Supreme Court Unanimously Upholds Patent and Trademark Office’s Refusal to Register “TRUMP TOO SMALL” Trademark
On June 13, 2024, in Vidal v. Elster, the Supreme Court unanimously held that the Lanham Act’s restriction of trademarks based on a living person’s name does not violate the First Amendment. The case marks the first time the Court has held that a solely content-based restriction on trademark registration need not be evaluated under heightened scrutiny. Even though the decision was unanimous, the justices’ reasoning was not.
Link to Decision Alert: Supreme Court Strikes Down ATF’s Classification of “Bump Stocks” as Machineguns Decision Alert: Supreme Court Strikes Down ATF’s Classification of “Bump Stocks” as Machineguns
On June 14, 2024, the Supreme Court held in Garland v. Cargill that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) exceeded its authority by classifying bump stocks as machineguns and, thus, banned. Justice Thomas authored the opinion. Justice Alito filed a concurring opinion. Justice Sotomayor authored the dissent, joined by Justices Kagan and Jackson.
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