Four Justices Recuse From Petition By Publishing Companies And New Grant on Disparate Impact

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Cite

Blackman, J. (2026, October 19). Four Justices Recuse From Petition By Publishing Companies And New Grant on Disparate Impact. Reason. https://reason.com/volokh/2026/10/19/four-justices-recuse-from-petition-by-publishing-companies-and-new-grant-on-disparate-impact/

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Reason · collected 2026-10-19 · by Josh Blackman

Quick Summary

Four Supreme Court justices—Sotomayor, Gorsuch, Barrett, and Jackson—recused themselves from considering a cert petition filed by major publishing companies including BMG Rights Management and Warner-Tamerlane Publishing Corp. Due to these recusals, the court lacked a quorum to hear the case, resulting in the affirmation of the lower court's judgment under 28 U.S.C. §2109. The article speculates that the justices may have recused themselves due to personal financial interests from lucrative book deals, questioning whether such arrangements make practical business sense for the companies involved.
Written by AI on 2026-10-19, from this article's own text only (the story summary below draws on all the coverage).

AI analysis

Story summary

The U.S. Supreme Court was unable to consider a petition filed by major music companies to review a copyright case due to a lack of quorum caused by four justices recusing themselves. The court's decision means that the lower court’s ruling, made by the 5th Circuit, will stand as if it had never been appealed. The case involved BMG Rights Management (US) LLC and Capitol CMG, Inc. (owned by UMG), among others, who sought to challenge a ruling that copyright reversion applies globally, not just in the United States. This outcome preserves the 5th Circuit's decision, affirming worldwide rights for authors or their heirs when copyrights revert under U.S. law.

Written for “Supreme Court Recusal On Copyright Case” on 2026-11-06, grounded in this article and the 1 other(s) covering the same event.

Story

📰 Supreme Court Recusal On Copyright Case
Politics · 2 article(s) covering the same event. See how they differ ↓

Compared with similar articles

This article reads leans left and hedges 21% of its claims. Each row says how that neighbour differs.
Washington Examiner
Hedges 0 of 5 claims Outlet record 69/100
How this article was measured signals, leaning charts, publisher record, byline, topics and claims

Signals How these are calculated →

Claims extracted
24
sentences that state something as happening or true
Uncertain
21%
5 of 24 hedged ("reportedly", "may", "according to")
Leaning
Leans left
of the writing, not the subject · beta estimate
Publisher signals
67/100
Reason's corrections and hedging, across everything collected from it. Not a measure of accuracy.
Outlets on this story
2
Politics
Same framing elsewhere
1
articles that frame the event the way this one does
Analyzed 2026-10-19 · how these are computed

How this is being covered How these are calculated →

Article leaning vs. publisher reliability
Source leaning vs. consistency

Publisher

Reason · 1168 article(s) · 4 correction(s) detected
Running correction rate · 4 correction(s)

Who wrote this

Josh Blackman
92 article(s) here · 1 carrying a prediction
🔮 Those outcomes will get a lot of attention.
2026-11-04 · assertive framing · Choosin' Texas I Can Tell
🔮 And Kagan spared California the fate that befell Missouri, which had to file a pointless brief that no one would read.
🔮 I thought it might be worthwhile to dig into the numbers a bit more.
🔮 Today the law firm of Weil Gotshal announced that it would wind down.
2026-10-28 · assertive framing · Farewell to Weil
🔮 And her unwillingness to participate in any disciplinary proceedings suggests something is amiss.
🔮 Longtime readers will recall that I took mileage runs to Singapore, Hong Kong, and Sydney to make status at the end of the year.
2026-10-28 · assertive framing · 1,000,000 Miles on United
🔮 Let's hope that people across the media industry will take Josh Blackman's criticism to heart.
2026-10-27 · assertive framing · The Wall Street Journal Praises The Old Gray Lady
🔮 New from Reason: a look into what Javier Milei has accomplished and what it will take to make the most of Argentina’s window for real change.
2026-10-26 · assertive framing · Today in Supreme Court History: October 26, 1774
🔮 ] There have been many news reports suggesting that the United States Department of Justice may pursue denaturalization proceedings against Representative Ilhan Omar.
🔮 Nevertheless, the next two decades would vastly enlarge the president's powers as Congress' authority over the executive branch would be greatly diminished.
Also by Josh Blackman
Choosin' Texas I Can Tell
2026-11-04 · Reason
Nothing else under this byline is closely related to this article, so these are simply their most recent.
All 92 articles by Josh Blackman →

Topics

28 U. S. C. § BMG Rights Management (US) LLC Capitol CMG, Inc. Court UMG

Subjects

Alito PERSON · 3× Court ORG · 3× BMG Rights Management (US) LLC ORG · 2× Capitol CMG, Inc. ORG · 1× Cyril E. Vetter PERSON · 1× Essential Music Publishing LLC ORG · 1× Paul Clement PERSON · 1× SONY ORG · 1× UMG ORG · 1× Warner-Tamerlane Publishing Corp ORG · 1×

Narrative

Today's order includes this entry: Because the Court lacks a quorum, 28 U. S. C. §1, and since the qualified Justices are of the opinion that the case cannot be heard and determined at the next Term of the Court, the judgment is affirmed under 28 U. S. C. §2109, which provides that under these circumstances "the court shall enter its order affirming the judgment of the court from which the case was brought for review with the same effect as upon affirmance by an equally divided court."
framing: mixed · carried by 1 article(s) · first seen 2026-10-19
🔮 Justice Sotomayor, Justice Gorsuch, Justice Barrett, and Justice Jackson took no part in the consideration or decision of this petition.

Claims (24 extracted, 5 hedged)

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent Sophisticated clients develop comprehensive strategies to get a cert petition granted. asserted
petition → develop → strategies
The question presented concerned limitations on the reversion of copyrights. asserted
question → present → copyrights
Paul Clement was retained to represent many of the leading media companies. asserted
Clement → retain → companies
The Plaintiffs secured top-side amicus brief from heavy-hitters including Paramount (represented by Lisa Blatt), the Motion Picture Association of America, the Recording Industry Association of America, and more. asserted
Plaintiffs → secure → America
Everything was lined up for a cert grant. asserted
Everything → line → grant
Today's order includes this entry: Because the Court lacks a quorum, 28 U. S. C. §1, and since the qualified Justices are of the opinion that the case cannot be heard and determined at the next Term of the Court, the judgment is affirmed under 28 U. S. C. §2109, which provides that under these circumstances "the court shall enter its order affirming the judgment of the court from which the case was brought for review with the same effect as upon affirmance by an equally divided court." asserted
case → include → court
Justice Sotomayor, Justice Gorsuch, Justice Barrett, and Justice Jackson took no part in the consideration or decision of this petition. asserted
Sotomayor → take → petition
The lower court judgment survives, and it is hard to imagine another case with the same parties would trigger a different outcome. asserted
case → survive → outcome
What happened here? asserted
What → happen → ?
I have to imagine that these four Justices, who all have lucrative book deals, recused because of either the parties identified, or the issue presented. asserted
who → have → parties
Curiously, Justice Alito who is a new publisher, did not step aside. asserted
who → step → ?
Going forward, these and other publishing companies need to be aware that they likely do not have a quorum for a cert grant. asserted
they → go → grant
However, they stand a good chance of having a favorable lower-court judgment affirmed by a quorum-less court. asserted
judgment → stand → court
I've often wondered whether it makes actual good business sense to give lucrative book deals to the Justices. asserted
it → wonder → Justices
Do they really ever earn back the advance or is it just an interest-free loan? asserted
it → earn → advance
Well, now that media companies may no longer be able to bring cases to the Supreme Court, that value proposition has become far more difficult. uncertain
proposition → bring → Court
We've seen how significant Justice Alito's recsual was in Suncor. asserted
recsual → see → Suncor
I think these media recusals may prove even more important to the business community. uncertain
recusals → think → community
And while Justice Alito, could divest those stocks, authors with book deals cannot cure the conflict. uncertain
authors → divest → conflict
But the Court re asserted
Court → re → ?
The petition for a writ of certiorari is granted limited to the following question: Whether a plaintiff challenging a facially neutral admissions policy as racially discriminatory must establish that the targeted racial group suffered an aggregate disparate impact relative to its share of the applicant pool. asserted
group → grant → pool
Here is the question framed in the petition: Whether a plaintiff alleging that a school district implemented facially-neutral admissions criteria for a racially discriminatory purpose must show that the criteria produced a disparate impact on the targeted racial group before a court may consider evidence of discriminatory intent. uncertain
court → frame → intent
The Court dropped the reference to discriminatory intent and added a focus on "aggregate disparate impact." asserted
Court → drop → impact
This case could now reflect an opportunity for the Trump Administration to advance its new policy concerning disparate impact. uncertain
Administration → reflect → impact
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