Marco Rubio and Donald Trump

FILE – Republican presidential candidate, businessman Donald Trump, right, answers a question, as Republican presidential candidate, Sen. Marco Rubio, R-Fla., listens, during the Republican presidential debate at the University of Miami, March 10, 2016, in Coral Gables, Fla. (AP Photo/Wilfredo Lee, File)

The Supreme Court will review whether an activist can receive trademark protection for T-shirts labeled “Trump Too Small,” based on Rep. Marco Rubio’s jeer about the former president’s hands.

Before the 2016 presidential election, then-candidate Donald Trump labeled his Florida rival “little Marco,” and Rubio clapped back on the campaign trail with a suggestive joke about Trump’s “small hands.”

“And you know what they say about guys with small hands,” Rubio prompted a roaring crowd, before capping off with a G-rated punchline.

“You can’t trust ’em!” Rubio cracked.

During a subsequent presidential debate, Trump defended the size of his anatomy: “I guarantee you, there’s no problem.” For Trump’s campaign, Rubio’s insinuation about the size of the former president’s penis wasn’t a problem. Trump defeated him handily in the primary, and he ultimately won the general election.

The inspiration that political activist Steve Elster drew from the exchange, however, created a thornier problem to be resolved by the highest court in the United States.

On Monday, the Supreme Court agreed — without comment — to hear whether the law demands that Elster needed Trump’s permission to register the trademark.

Law and Crime

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