ARTFEED — Contemporary Art Intelligence

Four Supreme Court Justices Recuse in Music Copyright Case, Leaving No Quorum

other · 2026-10-22

This week, a music copyright case did not advance to the U.S. Supreme Court because there was no quorum, as justices Sonia Sotomayor, Neil Gorsuch, Amy Coney Barrett, and Ketanji Brown Jackson stepped aside, likely due to financial connections with Penguin Random House, one of the involved parties. Gabe Roth from Fix the Court pointed out that federal regulations mandate recusal when financial interests are involved. Notable attorneys Paul Clement and Lisa Blatt submitted briefs, and significant publishing and entertainment organizations urged the court to consider the matter concerning foreign copyright ownership. Experts labeled the scenario as an institutional problem, advocating for reforms, while Tim Kappel emphasized the recusal's effects on copyright legislation.

Key facts

  • Four of nine justices recused, preventing a quorum
  • Sotomayor, Gorsuch, Barrett and Jackson stepped aside without explanation
  • Fix the Court links the recusals to book deals with Penguin Random House
  • Penguin Random House's parent is a German conglomerate and a party in the case
  • Paul Clement and Lisa Blatt filed briefs in the matter
  • Publishing companies and movie and recording industry groups sought review last summer
  • Renee Knake Jefferson proposed escrowing book advances until retirement
  • The court adopted a code of conduct three years ago

Entities

Artists

  • Sonia Sotomayor
  • Neil Gorsuch
  • Amy Coney Barrett
  • Ketanji Brown Jackson
  • Paul Clement
  • Lisa Blatt
  • Josh Blackman
  • Gabe Roth
  • Renee Knake Jefferson
  • Tim Kappel

Institutions

  • Supreme Court
  • Fix the Court
  • Penguin Random House
  • South Texas College of Law Houston
  • University of Houston
  • NPR
  • Congress

Locations

  • Houston
  • United States
  • Germany

Sources