The new Justice, Sonia Sotomayor, apparently will not take part in the Supreme Court’s review of a major copyright case, Reed Elsevier, et al., v. Muchnik, et al. (08-103) — a case scheduled for oral argument on Oct. 7. Sotomayor recused when the Court on Friday issued an order allowing the U.S. Solicitor General to take part in the argument — a clear indication that she will be out of the case. She participated in other actions as the Court issued the last of its summer recess orders.
Sotomayor gave no reason for her recusal from Friday’s order. However, it may have been because she was a judge on the Second Circuit Court and apparently took part when that Court refused, on April 15 of last year, to rehear the case en banc.
http://www.scotusblog.com/wp/eight-judge-court-for-copyright-case/