Comments on: What Should a Judge’s Reversal Rate Be?

By: Glenn Johnston

Glenn Johnston — Wed, 22 Jun 2011 20:22:41 +0000

Please review the following stats on reversals:
2009*: http://www.scotusblog.com/wp-content/uploads/2010/07/Final-Charts-070710-10.pdf

Partial 2008 Stats: http://www.scotusblog.com/wp-content/uploads/2010/06/Preliminary-Stats-OT09_062610-8.pdf

All else available on Scotusblog.

By: Sam Baumgartner

Sam Baumgartner — Wed, 27 May 2009 15:50:27 +0000

Apart from selection effects, a “sample” of six is not exactly large enough to draw valid descriptive inference, in this case the implied inference from her reversal rate to her level of fidelity to precedent.

By: Jake

Jake — Wed, 27 May 2009 01:22:01 +0000

Does it make sense to evaluate a federal circuit court judge’s reversal/affirmance rate by limiting the analysis to cases that are granted cert based on circuit splits?

By: Howard Wasserman

Howard Wasserman — Tue, 26 May 2009 23:22:18 +0000

There also is the simple fact that being reversed does not tell us anything about whether the lower-court judge was right or wrong, only that her views were or were not in step with those of the reviewing court. We are back to the old saw: We are not final because we are infallible, we are infallible because we are final.

By: Dave Hoffman

Dave Hoffman — Tue, 26 May 2009 22:29:51 +0000

Steve, I think that’s a blended crim/civ statistic. But you are of course right that the overall reversal rate also strongly suggests that selection & case selection by the justices is operating pretty strongly.

By: Steven Lubet

Steven Lubet — Tue, 26 May 2009 22:28:11 +0000

Doesn’t SCOTUS reverse slightly more than 60% of all cases?