RE: Trump Loses Travel Ban Appeal
February 10, 2017 at 8:50 pm
(This post was last modified: February 10, 2017 at 9:01 pm by Aristocatt.)
(February 9, 2017 at 1:01 pm)A Theist Wrote:(February 9, 2017 at 12:17 pm)Thumpalumpacus Wrote: That doesn't demonstrate that the 9th is "ideologically corrupt." That only demonstrates that it is too liberal in its interpretations for the taste of some Arizona legislators.
I wasn't using the article to prove that. I was just showing how that not only are a lot of people frustrated with the 9th circuit's politically left motivated decisions but also some lawmakers are so frustrated with them that they want to pass bills to withdraw from them. The 9th circuit court is the most overturned in the nation. Their decisions are politically and ideologically motivated. I used the article to demonstrate the level of frustration with that so called court.
So I have heard this claim thrown around a lot.
In 2012 they were the most overturned in the nation with an 86% overturn rate.
In 2009 the most overturned was not the 9th circuit and it had a 100% overturn rate.
How could something have a 100% overturn rate? Because the sample size is incredibly low.
The American Bar complied the median overturn rate from 1999-2008 and found that median rate to be 68%.
During that time the 9th circuit had a rate of about 60%, meaning that from 1999-2008, the only comprehensive dataset I am aware of, the 9th circuit was better than 50% of the circuit courts.
Additionally, while I don't have the time or energy to look at the overturn rate of each individual judge, 2 of the 3 judges spent half of their judgeship on the 9th circuit, or more, during the 1999-2008 time period, when the circuit as a whole performed better than average. Of course this assumes that performing better means that your rulings are not overturned by another judicial body.
The 3rd relatively new judge that presided over the hearing was the judge that many were expecting was going to side on the administration, but failed to do so.(If I am remembering things correctly, I could be wrong on this.)
To be fair, more recent years, would be a better heuristic, but I am not aware of the 9th district being the most overturned with the single exception of 2012, and the sample size for individual years is so small that it makes them poor indicators when judges preside over these federal courts for decades in some instances.
I'm not really sure what the claim "most overturned circuit in the US" is really supposed to imply. I'd be interested in seeing the overturn rate in 2013-2016. The link you posted early claimed it had the highest rate and cited 75%, which is a different statistic than I have seen, so I am interested in seeing where they got that from.
I think splitting up the 9th circuit is probably a good idea. They preside over 20% of the population, which, at first glance seems like to much. I'm really not qualified to comment on it, but I think the fact that it takes nearly twice as long for the court to turnover a case as the next largest circuit is a good argument for splitting it up.