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The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
byaccount_deleted ( 4530225 ) writes:
Comment removed based on user account deletion
byAristos Mazer ( 181252 ) writes:
MOST of the circuits are struck down MOST of the time when the SCOTUS takes a case because they only take cases where at least four of them think there's an issue needing decision. You can see the stats for all the circuits here:
http://www.politifact.com/pund... [politifact.com]
The 9th Circuit is the largest and handles 4000 more cases per year than the next highest circuit, so it isn't surprising that a huge percent of the overall SCOTUS cases would come from that circuit.
byaccount_deleted ( 4530225 ) writes:
Comment removed based on user account deletion
byUnknowingFool ( 672806 ) writes:
9th Circuit is the most reversed circuit of the 11 existing circuits. There's no tap dancing around that one.
Only if you care to cherry pick numbers and time frames from that Politifact article. "The 9th Circuit's reversal rate is higher than average, but it's not the absolute highest among the circuit courts. That distinction goes to the 6th Circuit, which serves Ohio, Michigan, Kentucky and Tennessee, with an 87 percent average between 2010-15. The 9th Circuit is in third place." and "We also found that the 9th Circuit never had the highest reversal rate in any individual term between 2004-15. (That's the farth
byCorporate T00l ( 244210 ) writes:
Well, that quote is accurate, but requires further explanation. When we say "lower court was simply incorrect", the use of the passive voice doesn't indicate what was incorrect. For what is described, what is incorrect is not the binary decision of whether the plaintiff or defendant should prevail, but rather some point of law that was used to make that decision. For example, in the recent Texas death-row case [ncronline.org], the Supreme court found that the appeals court didn't use the correct criteria in their judgement and told them to redo it with better criteria.
The simplistic case would be something like: "you read that word wrong in the law, read it more carefully and try it again".
So yes, the article is accurate in that when the point a "simple" error, they correct the error and send it back to the lower court to be retried. The cases that SCOTUS tends to actually take and decide on their own is when it can't be sent back. For instance, if multiple appellate courts have come to different decisions on the same issue. There are numerous cases that have frustrated individuals because they thought they had some kind of game-changing case, but it wasn't controversial or common enough to reach SCOTUS. Then the ruling ends up standing only for a region, and then other test cases need to come up in other regions until there is a conflict.
If all the regions that a given issue is litigated in turn out to agree (which is common case, since most cases are mundane rather than controversial), then the point in question would not even need to reach the supreme court to become the law of the land.
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