Analysis of Vidal v. Elster (Trump Too Small) Case and Supreme Court Opinions

The chapter delves into the Vidal v. Elster case, also known as the Trump Too Small case, examining the court's decision on the Lanham Act and First Amendment's free speech clause. It explores the breakdown of justices' opinions, particularly focusing on Justice Sotomayor's concurring opinion resembling a dissent and raising concerns about historical analysis in First Amendment cases. The episode also discusses potential implications of different justices' viewpoints on legal interpretation, including Justice Kagan's critique of originalism and Justice Barrett's preference for a contextual approach, and speculates on future shifts in the Supreme Court's decisions.