Comment

Posner on Sotomayor

180
lawhawk5/26/2009 12:20:16 pm PDT

Reversal statistics for 2008.

See page 10 for the details (no way to easily replicate the table here), but 2d Circuit had 1 case reversed, 1 vacated, and 3 affirmed.

9th Circuit had 5 reversed, 3, vacated, 2 affirmed.

For 2007, reversal statistics (again 10th page of pdf):
2d Circuit had 3 reversed and 2 affirmed
9th had 12 reversed 7 vacated and 2 affirmed.

For those two most recent years (2009 statistics wont be produced until November), 2d Circuit had 4 cases reversed, 3 vacated, and 4 affirmed.

Out of 11 cases, 4 were reversed. That’s not 80%. It’s also not a reflection of how the Supreme Court operates, given that in 2007 for example, 36 cases were reversed, 11 vacated, and 19 affirmed. Compared with the overall performance of all federal court of appeals decisions, the Second performed better than average given that the Court was twice as likely to reverse than affirm.