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The Water Cooler
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Frivolous Antifa restraining order, now owe legal fees
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<blockquote data-quote="Dave70968" data-source="post: 3069955" data-attributes="member: 13624"><p>You hear incorrectly.</p><p></p><p><a href="http://www.politifact.com/punditfact/statements/2017/feb/10/sean-hannity/no-9th-circuit-isnt-most-overturned-court-country-/" target="_blank">http://www.politifact.com/punditfact/statements/2017/feb/10/sean-hannity/no-9th-circuit-isnt-most-overturned-court-country-/</a></p><p></p><p>--------</p><p>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.</p><p></p><ol> <li data-xf-list-type="ol">6th Circuit - 87 percent;<br /> <br /> </li> <li data-xf-list-type="ol">11th Circuit - 85 percent;<br /> <br /> </li> <li data-xf-list-type="ol">9th Circuit - 79 percent;<br /> <br /> </li> <li data-xf-list-type="ol">3rd Circuit - 78 percent;<br /> <br /> </li> <li data-xf-list-type="ol">2nd Circuit and Federal Circuit - 68 percent;<br /> <br /> </li> <li data-xf-list-type="ol">8th Circuit - 67 percent;<br /> <br /> </li> <li data-xf-list-type="ol">5th Circuit - 66 percent;<br /> <br /> </li> <li data-xf-list-type="ol">7th Circuit - 48 percent;<br /> <br /> </li> <li data-xf-list-type="ol">DC Circuit - 45 percent;<br /> <br /> </li> <li data-xf-list-type="ol">1st Circuit and 4th Circuit - 43 percent;<br /> <br /> </li> <li data-xf-list-type="ol">10th Circuit - 42 percent.<br /> </li> </ol><p>We also found that the 9th Circuit never had the highest reversal rate in any individual term between 2004-15. (That’s the farthest back we could go.)</p><p>--------</p><p></p><p>Very important bit:</p><p>--------</p><p>The Supreme Court hears cases from the 50 state courts and 13 federal appeals courts, known as circuit courts. <strong>The cases that the Supreme Court chooses to take on are often disputed among the lower courts, complex, and problematic</strong>, so there’s a reasonable chance that the Supreme Court will decide that the lower court’s decision was wrong.</p><p>--------</p><p>That is, the Supreme Court self-selects its cases, and chooses the ones it believes were decided incorrectly.</p><p></p><p>Another important bit:</p><p>--------</p><p>The Supreme Court only hears a handful of cases from each circuit each year, so the rate of reversal is highly variable, said Jonah Gelbach, a law professor at the University of Pennsylvania and a statistician. In <a href="http://sblog.s3.amazonaws.com/wp-content/uploads/2015/07/SB_scorecard_OT14.pdf" target="_blank">2014</a>, for instance, the 2nd Circuit had a reversal rate of 100 percent, which sounds pretty bad until you find out that the Supreme Court only heard one case from the 2nd Circuit that entire season.</p><p></p><p>The 9th Circuit is by far the largest circuit. In the 12 months leading up to March, 31, 2015, just under 12,000 cases <a href="http://www.uscourts.gov/sites/default/files/b00mar15_0.pdf" target="_blank">were filed</a> in the 9th Circuit — more than 4,000 more than the next-largest circuit, the 5th Circuit. Despite that gigantic docket, the Supreme Court heard just 11 cases from the 9th Circuit in 2015, reversing eight.</p><p></p><p><strong>This means the Supreme Court generally reverses far less than 1 percent of all the cases the 9th Circuit (and other circuits) decide.</strong></p><p>--------</p><p></p><p>That last sentence is critical.</p></blockquote><p></p>
[QUOTE="Dave70968, post: 3069955, member: 13624"] You hear incorrectly. [URL]http://www.politifact.com/punditfact/statements/2017/feb/10/sean-hannity/no-9th-circuit-isnt-most-overturned-court-country-/[/URL] -------- 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. [LIST=1] [*]6th Circuit - 87 percent; [*]11th Circuit - 85 percent; [*]9th Circuit - 79 percent; [*]3rd Circuit - 78 percent; [*]2nd Circuit and Federal Circuit - 68 percent; [*]8th Circuit - 67 percent; [*]5th Circuit - 66 percent; [*]7th Circuit - 48 percent; [*]DC Circuit - 45 percent; [*]1st Circuit and 4th Circuit - 43 percent; [*]10th Circuit - 42 percent. [/LIST] We also found that the 9th Circuit never had the highest reversal rate in any individual term between 2004-15. (That’s the farthest back we could go.) -------- Very important bit: -------- The Supreme Court hears cases from the 50 state courts and 13 federal appeals courts, known as circuit courts. [B]The cases that the Supreme Court chooses to take on are often disputed among the lower courts, complex, and problematic[/B], so there’s a reasonable chance that the Supreme Court will decide that the lower court’s decision was wrong. -------- That is, the Supreme Court self-selects its cases, and chooses the ones it believes were decided incorrectly. Another important bit: -------- The Supreme Court only hears a handful of cases from each circuit each year, so the rate of reversal is highly variable, said Jonah Gelbach, a law professor at the University of Pennsylvania and a statistician. In [URL='http://sblog.s3.amazonaws.com/wp-content/uploads/2015/07/SB_scorecard_OT14.pdf']2014[/URL], for instance, the 2nd Circuit had a reversal rate of 100 percent, which sounds pretty bad until you find out that the Supreme Court only heard one case from the 2nd Circuit that entire season. The 9th Circuit is by far the largest circuit. In the 12 months leading up to March, 31, 2015, just under 12,000 cases [URL='http://www.uscourts.gov/sites/default/files/b00mar15_0.pdf']were filed[/URL] in the 9th Circuit — more than 4,000 more than the next-largest circuit, the 5th Circuit. Despite that gigantic docket, the Supreme Court heard just 11 cases from the 9th Circuit in 2015, reversing eight. [B]This means the Supreme Court generally reverses far less than 1 percent of all the cases the 9th Circuit (and other circuits) decide.[/B] -------- That last sentence is critical. [/QUOTE]
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