Quote:
Originally Posted by HarryT
Given, though, that every Surpreme Court Judge is almost certainly a published author, whom do you suggest should try the case if all the judges rule themselves out?
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A quorum is six. If they don't have it, the appeals court verdict in favor of Google will stand.
In practice, I can't believe a justice would recuse his or her self unless they had an in-print book published by one of the specific publishers who joined the Authors Guild. The publishers are named here:
https://www.authorsguild.org/wp-cont...lComplaint.pdf
So the question is, how many is that true of? I could have missed something, but can only find two, Penguin Random House authors Breyer and Sotomayor:
http://www.amazon.com/Active-Liberty.../dp/0307274942
https://en.wikipedia.org/wiki/My_Beloved_World
As far as I can tell, the other seven could, in theory, rule on this.
Thomas is a Harper-Collins author, and they don't seem to have participated in the case. Scalia is published by Thompson Reuters and Regnery, both non-participants. Alito has nothing in print, and the out of print book he co-authored didn't go to a major. Roberts, Ginsburg, and Kagan are not published book authors.