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Supreme Court cannot review copyright case due to lack of quorum

The Supreme Court could not review a copyright case due to four justices recusing themselves, resulting in a lack of quorum. The ruling from the U.S. Court of Appeals for the 5th Circuit will stand, affirming that copyright reversion applies globally. The court is set to hear oral arguments on Nov. 2.

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BMG Rights Management Penguin Random House
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Sonia Sotomayor Neil Gorsuch Amy Coney Barrett Ketanji Brown Jackson Samuel Alito

The Supreme Court was unable to review the copyright case BMG Rights Management v. Vetter after four justices recused themselves, leading to a lack of quorum. This means the ruling from the U.S. Court of Appeals for the 5th Circuit, which stated that copyright reversion applies worldwide, will remain in effect. The court is scheduled to hear oral arguments on other cases on Nov. 2.

Key facts

  • The Supreme Court could not consider BMG Rights Management v. Vetter due to a lack of quorum.
  • Four justices recused themselves, leaving only five justices available.
  • The 5th Circuit ruled that copyright reversion applies to worldwide copyright.
  • This is the first lack of quorum since May 2025.
  • The Supreme Court will hear oral arguments on Nov. 2.
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Original Headline

Supreme Court unable to consider copyright case after four justices recuse

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Supreme Court cannot review copyright case due to lack of quorum