3 ms·
TFA: > Eagle-eyed readers may have noticed that the argument seemed to split along partisan lines. Kavanaugh, Thomas, Alito, and Gorsuch—all apparent Google sk
by flyingfences 6y ago
TFA:
> Eagle-eyed readers may have noticed that the argument seemed to split along partisan lines. Kavanaugh, Thomas, Alito, and Gorsuch—all apparent Google skeptics—are the court's conservatives. Sotomayor, Breyer, and Kagan form the liberal wing. Chief Justice Roberts, who asked tough questions of both sides, has often been seen as the court's swing vote since the retirement of Justice Anthony Kennedy in 2018.
> Grimmelmann argues that this was a coincidence. The late liberal Justice Ruth Bader Ginsburg, for example, was known as a copyright hawk and could easily have sided with Oracle if she were still alive. Before his elevation to the Supreme Court, Justice Gorsuch authored at least one dovish opinion on copyright issues. In the 2014 Aereo decision, all of the court's liberals (along with two conservatives) held that Aereo had infringed copyright, while three other conservatives dissented.