Via Jonathan Adler at the Volokh Conspiracy, I note the surprising lineup of the justices in the Supreme Court’s big decision today on the first sale doctrine in copyright law, Kirtsaeng v. John Wiley & Sons (pdf):
- Justice Breyer authored the opinion of the Court, joined by Chief Justice Roberts, Justice Thomas, Justice Alito, Justice Sotomayor, and Justice Kagan.
- Justice Kagan wrote a concurring opinion, joined by Justice Alito.
- Justice Ginsburg wrote the dissenting opinion, joined by Justice Kennedy and in part by Justice Scalia.
As Prof. Adler says, this is a lineup that we do not see very often.