- 9th Circuit Fares Better Before Supreme Court; Kozinski Says En Banc Process Is Succeeding
U.S. Supreme Court
9th Circuit Fares Better Before Supreme Court; Kozinski Says En Banc Process Is Succeeding
Posted Jul 2, 2012 8:46 AM CDT
By Debra Cassens Weiss
The San Francisco-based 9th U.S. Circuit Court of Appeals has faced a rocky road before the U.S. Supreme Court in recent years, but this term its fate improved.
The 9th Circuit’s reversal rate this term was 74 percent, only slightly higher than the 64 percent average for other circuits, the Recorder reports. The rate was almost the lowest for the appeals court in at least eight years.
In two high profile cases, the 9th Circuit was at least partly vindicated. Its opinion striking down a law that bars lies about military medals was affirmed. And its opinion on the Arizona immigration law was affirmed in part and reversed in part. If the immigration case is counted as an affirmance, the 9th Circuit’s reversal rate falls to about 70 percent.
The story quotes law professor Rory Little of the University of California at Hastings. “I’d call it a pretty great term” for the 9th Circuit, Little said.
Chief Judge Alex Kozinski of the 9th Circuit told the Recorder he believes his court's en banc process has been "more effective in recent years in weeding out problematic panel opinions."