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No SCOTUS Crim Action

The US Supreme Court released two opinions today, neither on criminal law.  One was a copyright case, and the other was on federal v. state jurisdiction in class actions.  Today's oral arguments are also civil cases.  As noted earlier this month, in a sense no news is good news.

The copyright case, Kirtsaeng v. John Wiley & Sons, Inc., No. 11-697, has a juicy piece of fruit on dictum versus holding on page 27:

Most importantly, the statement is pure dictum. It is dictum contained in a rebuttal to a counterargument. And it is unnecessary dictum even in that respect. Is the Court having once written dicta calling a tomato a vegetable bound to deny that it is a fruit forever after?

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