A judge has ruled against Chuck Close and his fellow artists on the question of California’s resale royalty law, according to the New York Times’s Patricia Cohen:

Judge Jacqueline H. Nguyen did more than simply rule against Mr. Close and his colleagues: Because the law has the effect of controlling sales “wholly outside the boundaries” of California, she ruled that it violates the commerce clause of the Constitution and that therefore “the entire statute must fall.”

Eric George, the lawyer who brought the suit, said he would appeal. As it turns out Judge Nguyen was appointed two weeks ago to the Ninth District Court of Appeals, the very court that would rule on an appeal.

Spokespeople for Christie’s and Sotheby’s said they were very pleased with the decision.

Judge Strikes Down California Artist’s Royalties Law (Arts Beat/New York Times)