9th circuit should expect more reversals

Washington Times:
The federal appeals court that covers the country’s West Coast is doing little to shake its reputation as the most out-of-touch circuit, already having notched seven cases that have been reversed by the U.S. Supreme Court so far this year and 115 over the past decade.

As the justices prepare to release final rulings in 29 cases, the U.S. Court of Appeals for the 9th Circuit again will be in the spotlight with some of its major cases, such as President Trump’s travel ban, up for review — and potential reversal — by the high court.

But as bad as the 9th Circuit’s record is, it’s losing percentage — 78 percent so far this year and 76 percent for the past decade — still isn’t the worst.

That honor goes to the U.S. Court of Appeals for the 6th Circuit, based in Ohio. Nearly 90 percent of its cases that reached the Supreme Court have been overturned in the past decade.

The 11th Circuit, based in Atlanta, is next-worst with a 78 percent reversal rate, followed by the 9th Circuit.

“The Supreme Court generally takes cases to reverse, and so you’ll notice that every circuit, by and large, has a reversal rate and some of the reversal rates are very high,” said David Vladeck, a law professor at Georgetown University.
Left out of the explanation for some of these reversals is the Democrat's practice of forum shopping.  It is not by accident that challenges to President Trump's travel ban were brought in courts that are reviewed by the 9th circuit.  Several were brought in California, Hawaii and in Washington State.  This liberal forum shopping makes it likely that they can delay the implementation of executive orders for over a year.  That is why these cases are brought in that circuit.


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