Originally Posted by
HWGeeks
9th circuit is on a losing streak, their last 5 rulings in the supreme court have been overruled. If the ACLU wins this in portland they are sure to lose it in DC.
Sure to lose? Really?
The statistics (PDF from the ABA) do show that the 9th circuit gets reversed often, but the rate is not 100%. It's not even the highest reversal rate (the Federal Circuit's rate is higher).
However, to put things in perspective, of 114,199 cases terminated in the 9th circuit from 1999 to 2008, 68 were vacated or reversed by the Supreme Court. That's about 0.06% of cases. This seems like a pretty small risk.