Liberal Justice took $3M from book publisher, didn’t recuse from cases.

Supreme Court Justice Sotomayor Refuses to Recuse Herself from Copyright Infringement Cases Involving Penguin Random House Despite Receiving Millions from the Publisher

Liberal Supreme Court Justice Sonia Sotomayor has been paid millions by book publisher Penguin Random House for her books, making it her largest source of income. Despite this, she declined to recuse herself from multiple copyright infringement cases involving the publisher. Records show that in 2010, she received a $1.2 million book advance from Knopf Doubleday Group, a part of the conglomerate. In 2012, she reported receiving two advance payments from the publisher totaling $1.9 million. In 2017, Sotomayor began receiving payments each year from Penguin Random House itself, which continued annually through at least 2021, the most recent disclosure available, and totaled more than $500,000. In all, she received $3.6 million from Penguin Random House or its subsidiaries.

Compelling Argument for Supreme Court to Hear Copyright Infringement Case Against Penguin Random House

Children’s author Jennie Nicassio petitioned the Supreme Court to hear her lawsuit against Penguin Random House alleging that the book publisher had copied her book by selling one that was nearly identical. On the same day that the petition was distributed to the justices, Sotomayor received a $10,586 check from the publisher. The Supreme Court voted not to hear the case, denying the “writ of certiorari” and meaning that the case would remain where it left off — with a circuit court having found in the publisher’s favor. Lawyers for Nicassio made a compelling argument that her case was worthy of being taken up by the Supreme Court. The case being heard by the high court would be of significant concern to publishers because it could set a precedent that could open the floodgates to many other copyright infringement suits against them.

Conflict of Interest?

Sotomayor’s decision not to recuse herself is particularly notable because then-fellow Justice Stephen Breyer recused after also receiving money from the publisher. Breyer received payments from Penguin Random House or Knopf each year, which he seemingly viewed as a conflict, even though he received only a tenth of the amount — $340,000 during the same time period — as Sotomayor (Breyer’s wife also wrote a book for the company).

Fix The Court Criticizes Media Overreaction

Fix The Court, a nonpartisan group that has long watchdogged Supreme Court finances, has criticized the media for overreacting with stories about liberal justices this month, calling an issue with Justice Neil Gorsuch selling a house misleading and saying breathless findings about Chief Justice John Roberts’ wife working as a legal recruiter “much ado about nothing.”

Financial Disclosures

Sotomayor, who joined the court in 2009, is a prolific author, pumping out the memoir “My Beloved World” and children’s books such as “Turning Pages: My Life Story;” “A Judge Grows In the Bronx;” “Just Ask! Be Different, Be Brave, Be You.” Her latest, “Just Help! How to Build a Better World,” was published in 2022, after the most recent financial disclosure, by a Penguin Books imprint. Fix The Court pointed out that Sotomayor failed to disclose six trips in 2016 funded by outside groups, before later correcting her disclosures.

Conclusion

Despite receiving millions from book publisher Penguin Random House, Supreme Court Justice Sotomayor declined to recuse herself from multiple copyright infringement cases involving the publisher. Lawyers for Jennie Nicassio made a compelling argument that her case was worthy of being taken up by the Supreme Court, but the court voted not to hear the case, denying the “writ of certiorari” and meaning that the case would remain where it left off — with a circuit court having found in the publisher’s favor. Fix The Court has criticized the media for overreacting with stories about liberal justices this month, calling an issue with Justice Neil Gorsuch selling a house misleading and saying breathless findings about Chief Justice John Roberts’ wife working as a legal recruiter “much ado about nothing.”

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