Over the past decade, the U.S. Supreme Court has overruled the U.S. Court of Appeals for the Ninth Circuit in 148 of 182 cases—a “strikingly poor record” for the circuit court, said Ninth Circuit Judge Diarmuid O'Scannlain ’63 in a talk at Harvard Law School on September 17. The event was sponsored by the Federalist Society.
O'Scannlain, who is entering his 25th year on the federal bench, said he wanted “to reflect on how cases from my own court have fared in the Supreme Court over the past decade.” The Ninth Circuit, he said “got it wrong in 81% of its cases that the Supreme Court agreed to hear.”
“Compare that to the affirmance rate of over 80% in all appeals from lower courts and federal agencies decided by us.”
The circuitÂ’s reversal rate troubles the long-time and much distinguished O'Scannlain, whose appellate division spans from the northwest United States and California to Alaska and Hawaii.
“Even more telling than the reversal rate itself, however, is the number of unanimous reversals. Seventy-two of the 148 Ninth Circuit cases reversed during the period in question were at the hands of a unanimous Supreme Court.”