Yates v. United States: Overcoming Plain Meaning

As we enter the home stretch of the Supreme Court term, I have been reviewing the criminal cases already decided by the Court this year. For my money, the most interesting is Yates v. United States, which presents a classic statutory interpretation problem. This was the fish case that got a fair amount of whimsical press coverage when it came out. Even the Justices proved incapable of avoiding fish puns in their opinions, but I’ll do my best not to get caught in that net. (Oops.)

Yates captained a commercial fishing vessel that was catching undersized grouper in violation of federal law. Following an inspection, some of the illegal catch was thrown back into the sea on Yates’s orders, presumably to avoid penalties. Yates was eventually convicted under 18 U.S.C. §1519, which authorizes a prison term of up to twenty years for anyone who “knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States . . . or in relation to or contemplation of any such matter.”

On appeal, the question was simply whether a fish counted as a “tangible object.”  

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Armed Forces Appeals Judges Hear Arguments, Offer Advice in Eckstein Hall Session

“When you’re done, sit down.”

Pithy but important advice on how to present an oral argument to an appeals court was one of the beneficial things Marquette Law School students had a chance to hear Tuesday. That was when the United States Court of Appeals for the Armed Forces convened for a session in Eckstein Hall, followed by a question and answer session with the court’s five judges.

The court, an Article I entity which hears oral arguments in about three dozen cases a year, heard oral arguments in the appeal of an Air Force staff sergeant, Joshua K. Plant. He was convicted in 2012 of two counts of aggravated sexual assault of a child, adultery, and child endangerment and given a sentence that included 12 years of confinement. Included in Tuesday’s proceedings: Joshua J. Bryant, a third-year Marquette law student, who presented amicus curiae arguments in support of the sergeant’s appeal.​

First, here’s the case the court heard. Then, we’ll summarize some of the advice.

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The Notorious R.B.G.

20150103_135911-1Those of us who teach in gender and feminist studies have long been familiar with Justice Ruth Bader Ginsburg; we regularly deal with her work as both a lawyer and as jurist. This past January, I had the honor of hearing her speak at a conference in Washington, D.C., and was awed by her. So over spring break, I decided to start reading a new book, The Legacy of Ruth Bader Ginsburg, edited by Scott Dodson. I’m not that far into the book yet, but what I’ve read has only made me admire her more.

I’m far from being Justice Ginsburg’s only admirer. She has quite the following, including this woman, who had a portrait of Justice Ginsburg tattooed on her arm. One man put her 35-page dissent in Burwell v. Hobby Lobby to music. Another admirer dubbed her “The Notorious R.B.G.,” a take-off on rapper The Notorious B.I.G, and there’s a whole blog devoted to all things R.B.G. Google “Notorious R.B.G.” to find t-shirts and other merchandise. It’s a title the Justice herself seems to enjoy. (Listen to the video clip here.)

Ironically, while I was starting my book over spring break, Justice Ginsburg celebrated her 82nd birthday. She seems in no way ready to step down from the court. After all, she reminds us, Justice John Paul Stevens served until he was 90. In honor of her birthday, one site gathered some of her best quotes. My favorite: “People ask me sometimes . . . When will there be enough women on the court? And my answer is: When there are nine.”

Wouldn’t have expected anything less from her.

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