Home / Spotlight / No, a 9th Circuit isn’t a ‘most overturned justice in a country,’ as Hannity says

No, a 9th Circuit isn’t a ‘most overturned justice in a country,’ as Hannity says

Fox News horde Sean Hannity says it’s no warn that a 9th Circuit Court of Appeals ruled opposite President Donald Trump and his executive sequence on immigration.

“We have both been presaging for days now a 9th Circuit — a many magnanimous probity of appeals, a many overturned probity in a nation — it would act this way,” Hannity pronounced on his uncover Feb. 9, vocalization with a guest.

Several states have sued a Trump administration over a executive sequence that temporarily blocks immigration and transport from 7 countries in a Middle East and Africa. A sovereign hearing probity decider in Seattle ruled Feb. 3 that a sovereign supervision could not make a executive sequence while a box is pending.

So lawyers for a administration appealed that preference to a 9th Circuit, that hears cases from many of a western United States and Alaska and Hawaii. On Feb. 9, a row of 3 judges ruled unanimously to attest a Seattle judge’s decision. (The probity didn’t sequence on either a executive sequence is legal. That will occur later.)

It’s probable a administration will try to interest their box again, this time to a Supreme Court. Right after a judges handed down their decision, Trump tweeted, “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!”

As Hannity noted, a 9th Circuit has a repute for being liberal. But we wondered if he was scold when he pronounced a Supreme Court overturns some-more cases from a 9th Circuit than any other appeals probity in a nation — a import being that a 9th Circuit is out of step with a Supreme Court.

In a research, we found that a 9th Circuit has a higher-than-average annulment rate, yet not a highest. Additionally, experts told us that counting reversals doesn’t indispensably contend many about a peculiarity or piece of a 9th Circuit’s work.

The numbers

To weigh this claim, we incited to SCOTUSBlog’s Supreme Court statistics archive, privately their Circuit Scorecards, that lane how mostly a Supreme Court justices determine or remonstrate with a reduce probity decisions.

The Supreme Court hears cases from a 50 state courts and 13 sovereign appeals courts, famous as circuit courts. The cases that a Supreme Court chooses to take on are mostly doubtful among a reduce courts, complex, and problematic, so there’s a reasonable possibility that a Supreme Court will confirm that a reduce court’s preference was wrong.

In fact, a Supreme Court topsy-turvy about 70 percent of cases it took between 2010-15. Among cases it reviewed from a 9th Circuit Court of Appeals, it topsy-turvy about 79 percent.

The 9th Circuit’s annulment rate is aloft than average, yet it’s not a comprehensive top among a circuit courts. That eminence goes to a 6th Circuit, that serves Ohio, Michigan, Kentucky and Tennessee, with an 87 percent normal between 2010-15.  The 9th Circuit is in third place.

  1. 6th Circuit – 87 percent;

  2. 11th Circuit – 85 percent;

  3. 9th Circuit – 79 percent;

  4. 3rd Circuit – 78 percent;

  5. 2nd Circuit and Federal Circuit – 68 percent;

  6. 8th Circuit – 67 percent;

  7. 5th Circuit – 66 percent;

  8. 7th Circuit – 48 percent;

  9. DC Circuit – 45 percent;

  10. 1st Circuit and 4th Circuit – 43 percent;

  11. 10th Circuit – 42 percent.

We also found that a 9th Circuit never had a top annulment rate in any particular tenure between 2004-15. (That’s a farthest behind we could go.)

A orator for Hannity forked us to a 2014 essay in National Review titled, “Ninth Circuit Leading a Pack for ‘Most Reversed.’ ” But a justification presented in a essay does not support a headline.

So Hannity’s explain that a 9th Circuit is a “most overturned probity in a country” is incorrect.

The Supreme Court usually hears a handful of cases from any circuit any year, so a rate of annulment is rarely variable, pronounced Jonah Gelbach, a law highbrow during a University of Pennsylvania and a statistician. In 2014, for instance, a 2nd Circuit had a annulment rate of 100 percent, that sounds flattering bad until we find out that a Supreme Court usually listened one box from a 2nd Circuit that whole season.

The 9th Circuit is by distant a largest circuit. In a 12 months heading adult to March, 31, 2015, only underneath 12,000 cases were filed in a 9th Circuit — some-more than 4,000 some-more than a next-largest circuit, a 5th Circuit. Despite that enormous docket, a Supreme Court listened only 11 cases from a 9th Circuit in 2015, reversing eight.

This means a Supreme Court generally reverses distant reduction than 1 percent of all a cases a 9th Circuit (and other circuits) decide.

“Given a tiny numbers of cases involved, it can be formidable to pull any critical conclusions from such statistics about a peculiarity of a courts involved,” Gelbach said. “Having pronounced that, a 9th Circuit does seem to consistently have a high annulment rate over time.”

It’s probable that a perfect distance of a 9th Circuit, as good as some of a procedures, means it to furnish some-more “outlier decisions,” that are cases a Supreme Court always reverses, than other circuits — heading to a aloft annulment rate, pronounced University of Pennsylvania law highbrow Kermit Roosevelt.

Roosevelt pronounced there competence have been a time in a past when a 9th Circuit was extremely some-more magnanimous than a Supreme Court, stemming from a fact that Democratic President Jimmy Carter didn’t get a event to designate a Supreme Court justice, yet he did designate several judges to a 9th Circuit.

Today, a 9th Circuit competence still have a top series of Democratic appointees of any appeals court, yet there’s been adequate turnover in a past few decades that it’s not as many of an outlier, Roosevelt said.

Our ruling

Hannity pronounced a 9th Circuit is “the many overturned probity in a country.”

While a 9th Circuit has a aloft than normal annulment rate among cases it sends to a Supreme Court, it has not had a top rate given during slightest 2004 (the oldest information indicate we could find).

Even if it did, experts told us that a large distance of a 9th Circuit compared to a handful of cases it sends to a Supreme Court each year make annulment rates an unlawful magnitude of a peculiarity of a 9th Circuit’s decisions. More broadly, experts contend this statistic is a bad approach of comparing courts.

We rate Hannity’s explain False.


Article source: http://www.politifact.com/punditfact/statements/2017/feb/10/sean-hannity/no-9th-circuit-isnt-most-overturned-court-country-/