So first of all-- again, more than 99% of their decisions aren't even taken up by the supreme court, let alone overturned.
So all the stats judgling with an
incredibly tiny sample size gets you to misleading conclusions... (well, gets you to them at least it seems)
In 2015 for example 11 cases from the 9th Circuit went to SCOTUS- reversing eight. (72.7%...barely above average)
Out of about 12000 cases they handled.
That means a change in ONE of those decisions by SCOUTS would've dropped their 'reversal' percentage to 63%...
below average.
How any sane person, let alone a supposedly lawyer, can conclude they're a "rogue" circuit with those numbers is beyond rational thought.
But if you really wanna go inside baseball...sure...let's do that...
Obviously.
But since mine wasn't a 1 year study it's an odd comment to make.
Unless you didn't bother to read my source before disagreeing with it.
Mine actually has data covering more years than yours (yours covers 1999-2008, mine includes data from 2004-2015)
One reason this is an even stranger statement from you is your own source seems to contradict your claim... regarding the perception the 9th is a "rogue" circuit they conclude that common perception is NOT true.
Heck that's in the very first paragraph- not sure how you missed it.
They're not attacking the 9th in that article, they're
debunking the idea it's a rogue court
Same as my source did.
If this is the type of research you typically do I don't have a lot of confidence you'll be happy with the outcome of your case before the 9th
So do other circuits. More so than the 9th in fact.
They're not MUCH above average... so the idea they're CRAZY OUT IN LEFT FIELD remains utterly unsupported by the facts (also unsupported by your own source, or mine)
And here you go off the rails of fact I'm afraid.
The court overturns 70% of the cases it takes from the lower courts.
Not "9th circuit" cases... 70% of
all such cases.
So "reality" is they do, in fact, overturn most of the cases they choose to take... and only affirm a minority of them...
(and while they certainly do take cases to resolve circuit splits- resolving those very often involves...
reversing the lower court case from the circuit the court disagrees with.)
So a few interesting things here...
First- as mentioned your own source seems to contradict your claim...
Second interesting thing in there (and this is REALLY Inside Baseball) is using the range of years they picked-they're combining reversals and vacates in the text of their discussion... but if you look down to Figure 3 you see a different story... the 9th actually has a
lower reversal rate than many of the other circuits...lower than the 2nd, 5th, 6th, and 10th circuits...so pretty much roughly in the middle for the 9th.... BUT...
Their rate of vacates is higher than average...higher than everyone except DC and the federal circuit...so when you combine the two their number is relatively high (though still not the highest).
The difference (for the rest of the room since I'm sure you've read the USSC style manual) is a reversal is when the court finds the lower decision
absolutely wrong, but they vacate if the judgement it means they find the lower court decision less than absolutely wrong, often sending the case right back to said court with further directions on further proceedings.
So the 9th is only about average among the circuits in being absolutely wrong in decisions based on your own source... they just tend to be somewhat wrong a bit more often than most... enough so that their overall total is... slightly...higher than average. (but again, still not the highest).
But again, 99%+ of their decisions stand overall... and if you change
one SCOTUS decision in any year, their reversal percentage drops below average... because you're trying to draw broad conclusions from incredibly tiny sample sizes.
Which is just bad stats work.