Page:Georgia v. Public.Resource.Org SCOTUS slip opinion.pdf/38

Rh States, private parties, and legal researchers who relied on the previously bright-line rule. Perhaps, to the detriment of all, many States will stop producing annotated codes altogether. Were that to occur, the majority’s fear of an “economy-class” version of the law will truly become a reality. See. As Georgia explains, its contract enables the OCGA to be sold at a fraction of the cost of competing annotated codes. For example, Georgia asserts that Lexis sold the OCGA for $404 in 2016, while West Publishing’s competing annotated code sold for $2,570. Should state annotated codes disappear, those without the means to pay the competitor’s significantly higher price tag will have a valuable research tool taken away from them. Meanwhile, this Court, which is privileged to have access to numerous research resources, will scarcely notice. These negative practical ramifications are unfortunate enough when they reflect the deliberative legislative choices that we as judges are bound to respect. They are all the more regrettable when they are the result of our own meddling. Fortunately, as the majority and I agree, “ ‘critics of [today’s] ruling can take their objections across the street, [where] Congress can correct any mistake it sees.’ ” (quoting Kimble v. Marvel Entertainment, LLC, 576 U. S. 446, 456 (2015)).

We have “stressed … that it is generally for Congress, not the courts, to decide how best to pursue the Copyright Clause’s objectives,” Eldred v. Ashcroft, 537 U. S. 186, 212 (2003), because “it is Congress that has been assigned the task of defining the scope of the limited monopoly that should be granted to authors,” Sony Corp. of America v. Universal City Studios, Inc., 464 U. S. 417, 429 (1984). Because the majority has strayed from its proper role, I respectfully dissent.