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Old Mar 11, 2006 | 7:53 pm
  #115  
GUWonder
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Join Date: Jul 2001
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Originally Posted by dhuey
I believe that in recent years, the Ninth Circuit has been the most reversed circuit, even adjusting for its large size. Quite often it has been reversed by a unanimous Supreme Court. Perhaps it's not "whacked-out", but it does produce more than its share of dubious decisions.
What specific data suggests that the 9th produces more than its share of "dubious decisions" vis-a-vis each of the other circuits on an individual basis? [Also, what exactly constitutes an "overturning" of a decision? Sometimes it's not exactly clear.]

The percentage of cases reviewed but not reversed in X period?
The percentage of cases that are not reviewed (and de facto not reversed) in X period?
The absolute number of cases reviewed but not reversed in X period?
The absolute number of cases that are not reviewed (and de facto not reversed) in X period?

I prefer data-based analysis and a lot of times anecdotal evidence -- and "talk" -- isn't supported or is only supported by selective slicing. (Unfortunately I don't have data on such things at my fingertips, but would welcome evidence in one direction or another.)

In any event, if the 9th produces more than its share of "dubious decisions" and is the most reversed court by any and all measures, then the OP should welcome that. The OP should welcome that for it means that the chances for this court ruling to be overturned or otherwise reinterpreted increases. ^^
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