Mr. Katyal represents a group of small businesses, led by the wine and liquor distributor VOS Selections Inc. Also representing the businesses is Michael W. McConnell, a conservative and former federal judge appointed to the bench by President George W. Bush.

At oral argument, the case brought by Mr. Katyal and Mr. McConnell’s clients has been consolidated with a separate lawsuit brought by Learning Resources, an educational toy company. That company is represented by Pratik Shah, a lawyer at Akin Gump. Mr. Shah, who also clerked for Justice Breyer, has argued nearly 20 cases before the justices.