In the Press
June 6, 2023

Meet the Labor Lawyer Whose Anti-Trump Slogan Is Now At Supreme Court (The National Law Journal)

The Supreme Court is expected to hear Steve Elster's case some time next term and rule on whether the government violated Elster’s First Amendment rights by rejecting his “TRUMP TOO SMALL” trademark application before July 2024. The Supreme Court tends to reverse lower courts more than it affirms them, but William Jay, Appellate and Supreme Court Litigation partner, cautioned not to read too much into the fact the court has agreed to review the Federal Circuit’s decision in favor of Elster. “It is very customary for the court to grant petitions filed by the solicitor general in a case in which a lower court has found a statute to be unconstitutional,” he said to The National Law Journal. That’s especially true in patent and trademark appeals from the Federal Circuit, which has exclusive jurisdiction over such cases, he said.