Watchdog Says Justices Made $13 Million From Books as Supreme Court Falls Short of Quorum in 'Double Shot' Fight

Four justices stepped aside from a music rights appeal, leaving a lower ruling on worldwide copyright in place

Supreme Court book deals, Fix the Court, Supreme Court quorum — The bench did not explain the four recusals, which handed songwriter Cyril Vetter victory by default in his long fight with BMG Senate Democrats / Wikimedia Commons, CC BY 2.0

US Supreme Court justices have earned more than $13 million (about £9.7 million) from books since joining the court, watchdog Fix the Court says. On Monday, 19 October, four of them sat out a copyright fight over the 1960s hit 'Double Shot (Of My Baby's Love)'. That left the court short of a quorum.

The court says the four stepped aside because of their book deals with Penguin Random House. Its German parent, Bertelsmann, also owns BMG, the music firm behind the appeal. The court gave no reason. The watchdog warns that cases tied to Bertelsmann may now escape review unless the justices change course.

Why Four Justices Sat Out the Case

Justices Sonia Sotomayor, Neil Gorsuch, Amy Coney Barrett, and Ketanji Brown Jackson 'took no part in the consideration or decision of this petition,' the court's order list states. Only five justices remained, and the law needs six to act. Those five also judged that the court could not hear the case next term. So the law tells the court to uphold the lower ruling, as if the justices had split evenly.

Gabe Roth, who runs Fix the Court, said the four have money ties to Bertelsmann as Penguin Random House authors. 'Today's recusals make clear that the Supreme Court's current disqualification standards need review,' he said. Roth was glad the justices stepped aside but doubted the practice could last. He noted that HarperCollins, publisher of Justice Clarence Thomas's memoir, and Hachette, which issued Justice Samuel Alito's book, also belong to large media groups.

How Much the Justices Have Made From Books

The Court built its tally from the justices' yearly financial reports. Its count, updated in August, puts their total book earnings since joining the court past $13 million. Jackson leads with $4.14 million (about £3.1 million). The four who sat out the case account for about $11.2 million (about £8.4 million) of the total, on the group's figures. All four publish with Penguin Random House, as the chart below shows.

Supreme Court book deals, Fix the Court — IBTimes UK

Chief Justice John Roberts and Justice Elena Kagan have written no books while on the court. Alito, who filed late, got $33,333 (about £25,000) for his book. Roth argues that justices should put book income into accounts they cannot touch until they leave the court. That way, he says, they would need to step aside less often. Barrett got the second part of her book advance in 2025, the group added.

What Happens to 'Double Shot' Now

The order leaves in place a January appeals court ruling without deciding the merits. It lets songwriter Cyril Vetter, who co-wrote the song in 1962, reclaim his rights worldwide. That ruling, from the Fifth Circuit, binds only federal courts in Texas, Louisiana, and Mississippi. Song publishers owned by Sony, Universal, and Warner also lost.

Rick Carnes, president of the Songwriters Guild of America, said the group was 'thrilled and gratified'. The court has previously lacked a quorum, Copyright Lately reported. In May 2025, Alito and the same four sat out a copyright case involving Ta-Nehisi Coates and Bertelsmann, and the lower court ruling also stood.