Per a reader question, more info on 9th Circuit reversal rates:
Of the 80 cases the Supreme Court decided this past term [2002] through opinions, 56 cases arose from the federal appellate courts, three from the federal district courts, and 21 from the state courts. The court reversed or vacated the judgment of the lower court in 59 of these cases. Specifically, the justices overturned 40 of the 56 judgments arising from the federal appellate courts (or 71%), two of the three judgments coming from the federal district courts (or 67%), and 17 of the 21 judgments issued by state courts (or 81%).
Notably, the 9th Circuit accounted for both 30 percent of the cases (24 of 80) and 30 percent of the reversals (18 of 59) the Supreme Court decided by full written opinions this term. In addition, the 9th Circuit was responsible for more than a third (35%, or 8 of 23) of the High Court’s unanimous reversals that were issued by published opinions. Thus, on the whole, the 9th Circuit’s rulings accounted for more reversals this past term than all the state courts across the country combined and represented nearly half of the overturned judgments (45%) of the federal appellate courts.
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Although the 9th Circuit’s caseload comprised approximately 17% of the federal appellate cases terminated in the year ending March 31, 2002, its decisions accounted for close to half (43%) of all the federal appellate decisions reviewed by the Supreme Court this past term.***
These continuing negative trends are certainly not reflective of the competency of the 9th Circuit’s entire bench, which includes some of the most respected appellate judges in the country. It is, however, indicative of a judicial philosophy to which some 9th Circuit judges adhere. Specifically, in pursuing political and policy preferences at the expense of established precedent and textual commands, some 9th Circuit judges seem to invite review and reversal by the U.S. Supreme Court. (Source)
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