This Citation By Justice Kagan Looks A Little Bit Fishy

Check out Justice Kagan's colorful quotation in the "is a fish a tangible object" case just decided by the Supreme Court.

A fish is, of course, a discrete thing that possesses physical form. See generally Dr. Seuss, One Fish Two Fish Red Fish Blue Fish (1960) [affiliate link]. So the ordinary meaning of the term “tangible object” in § 1519, as no one here disputes, covers fish (including too-small red grouper).

— Justice Elena Kagan, dissenting in Yates v. United States (aka the “is a fish a tangible object” case). According to Professor Eugene Volokh, this is the first Dr. Seuss citation in U.S. Supreme Court history. (The Court ruled 5-4 in favor of the defendant fisherman, in case you’re wondering.)

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