Court sides with Jack Daniel’s in dispute with makers of dog toy

The Supreme Court on Thursday gave whiskey maker Jack Daniel’s reason to raise a glass, handing the company a new chance to win a trademark dispute with the makers of the Bad Spaniels dog toy. In announcing the decision for a unanimous court, Justice Elena Kagan was in an unusually playful mood. At one point while reading a summary of the opinion in the courtroom Kagan held up the toy, which squeaks and mimics the whiskey’s signature bottle. Kagan said a lower court’s reasoning was flawed when it ruled for the makers of the rubber chew toy. The court did not decide whether the toy’s maker had violated trademark law but instead sent the case back for further review. “This case is about dog toys and whiskey, two items seldom appearing in the same sentence,” Kagan wrote in an opinion for the court. At another point, Kagan asked readers to “Recall what the bottle looks like (or better yet, retrieve a bottle from wherever you keep liquor; it’s probably there)” before inserting a color picture of it. Arizona-based VIP Products has been selling its Bad Spaniels toy since 2014. It’s part of the company’s Silly Squeakers line of chew toys that mimic liquor, beer, wine and soda bottles. They include Mountain Drool, which parodies Mountain Dew, and Heini Sniff’n, which parodies Heineken beer. While Jack Daniel’s bottles have the words “Old No. 7 brand” and “Tennessee Sour Mash Whiskey,” the toy proclaims: “The Old No. 2 on Your Tennessee Carpet.” The original bottle notes it is 40% alcohol by volume. The parody features a dog’s face and says it’s “43% Poo by Vol.” and “100% Smelly.” The packaging of the toy, which retails for around $20, notes in small font: “This product is not affiliated with Jack Daniel Distillery.” Jack Daniel’s, based in Lynchburg, Tennessee, wasn’t amused. Its lawyers argued that the toy misleads customers, profits “from Jack Daniel’s hard-earned goodwill” and associates its “whiskey with excrement.” At the center of the case is the Lanham Act, the country’s core federal trademark law. It prohibits using a trademark in a way “likely to cause confusion ... as to the origin, sponsorship, or approval of ... goods.” A lower court never got to the issue of consumer confusion, however, because it said the toy was an “expressive work” communicating a humorous message and therefore needed to be evaluated under a different test. Kagan said that was a mistake and that “the only question in this case going forward is whether the Bad Spaniels marks are likely to cause confusion.” Kagan also said a lower court erred in its analysis of Jack Daniel’s claim against the toy company for linking “its whiskey to less savory substances.” The opinion was one of four the court issued Thursday, including a 5-4 ruling in favor of Black voters in Alabama in a congressional redistricting case. The case had been closely watched for its potential to weaken the landmark Voting Rights Act. The case is Jack Daniel’s Properties, Inc. v. VIP Products LLC, 22-148.

Supreme Court rules in favor of Black Alabama voters

The Supreme Court on Thursday issued a surprising 5-4 ruling in favor of Black voters in a congressional redistricting case from Alabama, with two conservative justices joining liberals in rejecting a Republican-led effort to weaken a landmark voting rights law. Chief Justice John Roberts and Justice Brett Kavanaugh aligned with the court’s liberals in affirming a lower-court ruling that found a likely violation of the Voting Rights Act in an Alabama congressional map with one majority Black seat out of seven districts in a state where more than one in four residents is Black. The state now will have to draw a new map for next year’s elections. The decision was keenly anticipated for its potential effect on control of the closely divided U.S. House of Representatives. Because of the ruling, new maps are likely in Alabama and Louisiana that could allow Democratic-leaning Black voters to elect their preferred candidates in two more congressional districts. The outcome was unexpected in that the court had allowed the challenged Alabama map to be used for the 2022 elections, and in arguments last October the justices appeared willing to make it harder to challenge redistricting plans as racially discriminatory under the Voting Rights Act of 1965. The chief justice himself suggested last year that he was open to changes in the way courts weigh discrimination claims under the part of the law known as section 2. But on Thursday, Roberts wrote that the court was declining “to recast our section 2 case law as Alabama requests.” Roberts also was part of conservative high-court majorities in earlier cases that made it harder for racial minorities to use the Voting Rights Act in ideologically divided rulings in 2013 and 2021.

Families sue to block Idaho law barring gender-affirming care for minors

The families of two transgender teenagers filed a lawsuit Thursday to block enforcement of Idaho’s ban on gender-affirming medical care for minors. The ban, which was signed into law in April and scheduled to take effect in January 2024, violates the federal constitutional guarantee of equal protection for the teens and due process for their parents, the families said in the filing in U.S. District Court. “Governor Brad Little signed the bill into law in the name of ‘protecting minors.’ But lawmakers and the Governor ignored the extensive legislative testimony that the Healthcare Ban harms children,” the court filing asserts. The plaintiffs, whose legal representation includes lawyers from the American Civil Liberties Union, note that the law makes it a felony for doctors to provide puberty blockers, hormone treatment and surgery for minors only in cases in which it is to help align their bodies with their gender identities. The same treatments are allowed for other purposes. The legal challenges are also so recent that there’s not a clear trend for outcomes. A court put enforcement of a Missouri policy on hold — and then officials terminated the rule entirely last month. Lawmakers there have separately passed a ban, though it has not been signed into law so far. Oklahoma has agreed not to enforce its ban while opponents seek to have it blocked. In the Idaho case, the plaintiff families were not named. Both teens are receiving gender-affirming care. In the court filing, one of the families said the treatment has improved their daughter’s life: She no longer has days when her gender dysphoria is so severe she feels she cannot get out of bed; she’s happy to look into mirrors; her grades have improved and her mother said the girl was glowing as she prepared for her school’s prom. But debate over and passage of the ban took a toll, leading to depressive thoughts and telling her parents she feels the state where she’s lived her whole life is telling her to leave — something the family is considering doing so she can continue her treatments. Defendants in the lawsuit include Idaho Attorney General Raul Labrador, a county prosecutor and members of the Idaho Code Commission. Labrador’s office, which would likely defend the law in court, said in a statement that it does not comment on pending litigation.

PA mail-in voting law gets beaten up on GOP campaign trail

Election integrity and Pennsylvania’s mail-in voting law are prominent subjects in the state’s Republican primary contest for an open state Supreme Court seat, as Donald Trump continues to baselessly claim that the 2020 election was stolen. This year, two GOP primary rivals for the state Supreme Court seat in Tuesday’s primary election are signaling their disapproval of Pennsylvania’s expansive mail-in voting law. In one appearance last month, Carolyn Carluccio, a Montgomery County judge, called the mail-in voting law “bad” for the state and for faith in elections. She suggested elections are too “secretive” and promised that if the law comes before the high court “I’m going to be happy to take a look at it.” Meanwhile, Patricia McCullough, a judge on the statewide Commonwealth Court, repeatedly highlights her rulings in election-related cases, including voting to throw out the mail-in voting law. “Election integrity, that seems to be like the most important issue to the people right now,” McCullough told an interviewer on public access television in Erie last month. Both parties will pick a high court nominee to run in November’s general election. The state’s highest court currently has four justices elected as Democrats and two as Republicans. The seat is open following the death of Chief Justice Max Baer last fall. Allegations about election fraud and opposition to Pennsylvania’s mail-in voting law have persisted in Republican primaries in 2021 and 2022, demonstrating just how influential Trump’s extreme and baseless election claims are to the GOP campaign trail. In last year’s governor’s race, for instance, every candidate in the GOP’s nine-person field vowed to repeal the 2019 law that established no-excuse mail-in voting in Pennsylvania. A third Republican-backed challenge to the mail-in voting law is pending in state courts, while Republicans have repeatedly gone to court to try to ensure that ballots cast by legal, eligible voters are thrown out for technical errors, like a missing envelope, signature or date.

Supreme Court hears mail carrier’s religious tolerance case

The Supreme Court is being asked to decide under what circumstances businesses must accommodate the needs of religious employees. A case before the justices Tuesday involves a Christian mail carrier in rural Pennsylvania. He was told that as part of his job he’d need to start delivering Amazon.com packages on Sundays. He declined, saying his Sundays are for church and family. U.S. Postal Service officials initially tried to get substitutes for the man’s shifts, but they couldn’t always. When he didn’t show, that meant more work for others. Ultimately, the man quit and sued for religious discrimination. The case is the latest religious confrontation the high court has been asked to referee. In recent years, the court’s 6-3 conservative majority has been particularly sensitive to the concerns of religious plaintiffs. That includes a ruling last year in which the court said a public high school football coach should be allowed to pray on the field after games. Another case the court is weighing this term involves a Christian graphic artist who wants to create wedding websites, but doesn’t want to serve gay couples. A federal law, Title VII of the Civil Rights Act of 1964, requires employers to accommodate employees’ religious practices unless doing so would be an “undue hardship” for the business. But a Supreme Court case from 1977, Trans World Airlines v. Hardison, says employers can deny religious accommodations to employees when they impose “more than a de minimis cost” on the business. Three current justices — Clarence Thomas, Samuel Alito and Neil Gorsuch — have said the court should reconsider the Hardison case. The case currently before the court involves Gerald Groff, a former employee of the U.S. Postal Service in Pennsylvania’s Amish Country. For years, Groff was a fill-in mail carrier who worked on days when other mail carriers were off. But when an Amazon.com contract with the Postal Service required carriers to start delivering packages on Sundays, Groff balked. Initially, to avoid the shifts, Groff transferred to a more rural post office not yet doing Sunday deliveries, but eventually that post office was required to do them too.

Supreme Court rejects Turkish bank’s arguments in Iran case

The Supreme Court on Wednesday rejected a Turkish bank’s main arguments for dismissing a lawsuit accusing it of helping Iran evade U.S. sanctions, but the court sent the case back for additional review. Halkbank, a bank owned by Turkey, had argued that a federal law, the Foreign Sovereign Immunities Act of 1976, gave foreign states absolute immunity from criminal prosecution in U.S. courts. It also said federal courts don’t have jurisdiction to oversee the case. “We disagree with Halkbank on both points,” Justice Brett Kavanaugh wrote for himself and six of his eight colleagues. Still, Kavanaugh said the case should go back to a lower court for further review. He said the lower court “did not fully consider the various arguments regarding common-law immunity that the parties press in this Court.” The federal government says the bank “participated in the largest-known conspiracy to evade the United States’ economic sanctions on Iran,” laundering billions of dollars worth of Iranian oil and natural gas proceeds. The government says that working with an Iranian-Turkish businessman, the bank created ways for Iran to access the funds — including shipments of gold and fake food shipments. The government says that the schemes “freed up approximately $20 billion of restricted Iranian funds.” The businessman, Reza Zarrab, has pleaded guilty. The case was initiated under the Trump administration but was continued by the Biden administration. The case is Turkiye Halk Bankasi A.S. v. United States, 21-1450.

Wisconsin Supreme Court control, abortion access at stake

Control of the Wisconsin Supreme Court, and likely the future of abortion access, Republican-drawn legislative maps and years of GOP policies in the key swing state rests with the outcome an election Tuesday that has seen record campaign spending. The winner of the high-stakes contest between Republican-backed Dan Kelly and Democratic-supported Janet Protasiewicz will determine majority control of the court headed into the 2024 presidential election. The court came within one vote of overturning President Joe Biden’s narrow win in 2020, and both sides expect another close race in 2024. It’s the latest election where abortion rights has been the central issue since the Supreme Court overturned Roe v. Wade last June. It’s also an example of how officially nonpartisan court races have grown into political battles as major legal fights play out at the state level. All of it has fueled spending that will double, and likely triple or more, the previous high of $15.4 million spent on a state court race in Illinois in 2004. Democrats have spent heavily for Protasiewicz and Republicans for Kelly. Democrats are trying to flip control of the court, which has had a majority of conservative justices the past 15 years. That has allowed the court to uphold an array of Republican priorities, including banning absentee ballot drop boxes last year and affirming the 2011 law all-but ending collective bargaining for most public workers.