Two years ago, the Supreme Court agreed to answer Ninth Circuit questions about California copyright law in a case involving the singing group The Turtles. Earlier this year, however, following full briefing by the parties and also by a bunch of amici, the court indicated it might not hear the case after all, asking for supplemental briefing on whether state law was still relevant because of a recent change in federal statutory law.
Today, the court indeed dismissed the matter, saying the new legislation — the Music Modernization Act (see here) — makes “resolution of the questions posed by the Ninth Circuit Court of Appeals . . . no longer ‘necessary to . . . settle an important question of law.’ (Cal. Rules of Court, rule 8.548(f)(1).)” (Link added.)
It’s curious that the court cited subdivision (f)(1) of rule 8.548 as grounds for the dismissal. According to that provision, “In exercising its discretion to grant or deny the request [of another court to decide a California law question], the Supreme Court may consider whether resolution of the question is necessary to secure uniformity of decision or to settle an important question of law, and any other factor the court deems appropriate.” More on point might be subdivision (a)(1), which the court cited in its supplemental briefing order and which provides, “the Supreme Court may decide a question of California law if . . . The decision could determine the outcome of a matter pending in the requesting court.”