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We the People cover image

A Conversation With Justice Neil Gorsuch on ‘The Human Toll of Too Much Law’

We the People

NOTE

A Cautionary Tale of Legal Overreach in Fishing Regulations

A serious legal overreach occurred when a commercial fisherman, John Yates, was arrested under the Sarbanes-Oxley Act for possessing undersized red grouper, despite regulatory measurements concerning fish size being in dispute. Following a fishing trip, an agent measured the fish and claimed several were under the legal size limit, leading to a lengthy investigation that resulted in John's arrest three years later. Charged with a felony carrying a potential 20-year prison sentence, John's case highlighted how a law meant for financial crimes was misapplied to fish, demonstrating excessive government action in enforcing fishing regulations. Despite the eventual reduction in size limits for red grouper, John bravely took his case to trial, ultimately reaching the Supreme Court, where he narrowly won his case. This reflects broader concerns about the consequences of stringent regulations and the justice system's handling of minor infractions in commercial fishing.

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