Wednesday, February 25, 2015
When is a fish a cosmetology implement?
Currently pending before the Supreme Court is a cert petition by Clint Bolick of the Goldwater Institute, a spin-off of Bolick's Institute for Justice.
His client, a Miss Vong, ran a pedicure parlor in Arizona where people's feet are cleaned by fish.
Arizona said the fish were cosmetology implements, and had to be sterilized after each use.
This kills the fish. So they shut down her spa.
This morning, the Court ruled in a 4-1-4 decision, Yates v States, that a fish is not a hard drive. Concurring, Justice Alito said a fish is a not a crocodile. It was the usual line-up, with Justice Kagan dissenting joined by Scalia, Kennedy and Thomas.
lyle at scotusblog.
Perhaps this case should be remanded for further consideration in light of this morning's decision.
Bolick's petition calls for the Court to overturn the Slaughter-House cases, and restore the constitution in exile (my words not his.) Today's case presents a narrower ground for decision.
Sometimes a fish is just a fish.
Currently pending before the Supreme Court is a cert petition by Clint Bolick of the Goldwater Institute, a spin-off of Bolick's Institute for Justice.
His client, a Miss Vong, ran a pedicure parlor in Arizona where people's feet are cleaned by fish.
Arizona said the fish were cosmetology implements, and had to be sterilized after each use.
This kills the fish. So they shut down her spa.
This morning, the Court ruled in a 4-1-4 decision, Yates v States, that a fish is not a hard drive. Concurring, Justice Alito said a fish is a not a crocodile. It was the usual line-up, with Justice Kagan dissenting joined by Scalia, Kennedy and Thomas.
lyle at scotusblog.
Perhaps this case should be remanded for further consideration in light of this morning's decision.
Bolick's petition calls for the Court to overturn the Slaughter-House cases, and restore the constitution in exile (my words not his.) Today's case presents a narrower ground for decision.
Sometimes a fish is just a fish.
Fish-pedicure business may head to Supreme Court
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