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Wednesday round-up

The Court hears oral arguments in two more cases this morning.  First up is Yates v. United States, in which the Court will consider whether a commercial fisherman violated the anti-shredding provision of the Sarbanes-Oxley Act when he destroyed undersized fish.  Lyle Denniston previewed the case for this blog, while I did so in Plain English.  Other coverage comes from Nina Totenberg of NPR.  The second argument is in Johnson v. United States, in which the Court will interpret a federal statute that imposes additional criminal penalties on repeat offenders.  Rory Little previewed the case for this blog.

Yesterday the Court heard oral arguments in Department of Homeland Security v. MacLean, the air marshal whistleblower case, and the Truth in Lending Act case Jesinoski v. Countrywide Home Loans.  Jaclyn Belczyk covered both cases for JURIST, while at ISCOTUSnow Edward Lee predicts the winners in both cases based on the number of questions at oral argument.   Other commentary and analysis of MacLean come from Leslie Griffin at Hamilton and Griffin on Rights and from R. Scott Oswald at Whistleblower Law Blog.


  • At JURIST, Jacqueline Jones reports on Monday’s denial of review in a challenge to a New York regulation that requires pregnancy crisis centers to disclose whether they have a licensed medical provider in house.
  • At the Pacific Legal Foundation’s Liberty Blog, Wen Fa criticizes Justice Sonia Sotomayor’s dissent in last Term’s Schuette v. Coalition to Defend Affirmative Action, in which the Court upheld an amendment to the Michigan constitution that prohibits public universities in the state from considering race in their admissions.

[Disclosure: Kevin Russell of Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel on an amicus brief in support of the respondents in Schuette.  However, I am not affiliated with the firm.]

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Recommended Citation: Amy Howe, Wednesday round-up, SCOTUSblog (Nov. 5, 2014, 7:46 AM),