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Take a Hint? Supreme Court Rejects 5 Rulings in a Row From West Coast Bench
FOX ^

Posted on 02/02/2011 4:38:18 PM PST by Sub-Driver

Take a Hint? Supreme Court Rejects 5 Rulings in a Row From West Coast Bench

By Judson Berger

Published February 02, 2011 | FoxNews.com

The Supreme Court may be sending a message to one of the country's most liberal appeals courts, unanimously overturning five consecutive cases out of the 9th Circuit in less than a week.

As the nation's biggest circuit, representing most of the western United States, it should come as no surprise that the 9th Circuit has more cases heard before the Supreme Court than any other jurisdiction -- in turn resulting in more reversals. But the latest string of rulings is unusual even for the 9th, which often is at odds with conservatives on the Supreme Court. The fact that the rulings were unanimous can be seen as a signal from on high that the circuit needs to get in line.

"That's an indication this court is way out of the mainstream," said Kent Scheidegger, legal director for the California-based Criminal Justice Legal Foundation. "They're getting impatient with them. They just keep coming back with this stuff."

(Excerpt) Read more at foxnews.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events
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The ninth circus.........
1 posted on 02/02/2011 4:38:20 PM PST by Sub-Driver
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To: Sub-Driver

They are saving it for the Obamacare rejection.

Don’t trust the fools in black.


2 posted on 02/02/2011 4:42:02 PM PST by Dacula (Proud husband of a Breast Cancer survivor.)
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To: Sub-Driver

The next time we control Congress, the Ninth Circus’ jurisdiction should be reduced to the City of San Francisco. Let ‘em bugger each other into social justice Nirvana.


3 posted on 02/02/2011 4:42:16 PM PST by Jacquerie (What a government loses in moral authority must be made up with force.)
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To: Sub-Driver
Congress has the authority and duty to establish courts. The House should make it a priority to break up the ninth circus into at least two circuits, maybe three, and put paid to this obscene caricature of justice.
4 posted on 02/02/2011 4:43:57 PM PST by hinckley buzzard
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To: Sub-Driver
"That's an indication this court is way out of the mainstream,"

Waaaaaaay outside of the mainstream...

5 posted on 02/02/2011 4:43:57 PM PST by GOPJ (http://hisz.rsoe.hu/alertmap/index2.php - World Disaster Map)
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To: Sub-Driver
So, will someone explain why Judge Vinson is somehow "out of the mainstream?"

How often are his rulings reversed????

6 posted on 02/02/2011 4:48:04 PM PST by Lysandru
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To: Sub-Driver
As the nation's biggest circuit, misrepresenting most of the western United States...

There. Fixed it.

7 posted on 02/02/2011 4:49:38 PM PST by sima_yi ( Reporting live from the People's Republic of Boulder)
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To: Sub-Driver
First...

Just how liberal whackjob ya gotta be before even Ginsberg tells you your view of the law is out in left field?

Second...

The most disturbing part of the article was this. Despite a reputation for having “the most rejected cases”, the 9th circus also hears the most cases; on a proportional basis...

“Judicial statistics kept by SCOTUSblog show that 9th Circuit decisions actually have a better-than-average showing before the Supreme Court. In the last session, 27 percent of its rulings were affirmed, while 60 percent were reversed. For all circuits, the reversal rate was 71 percent.”

8 posted on 02/02/2011 4:51:01 PM PST by allmendream (Tea Party did not send the GOP to D.C. to negotiate the terms of our surrender to socialism.)
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To: hinckley buzzard

Who picks the Judges?


9 posted on 02/02/2011 4:54:34 PM PST by Dryman ("FREE THE LONG FORM!")
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To: Lysandru
"So, will someone explain why Judge Vinson is somehow "out of the mainstream?"

I believe they are referring to the 9th Circuit Court in San Francisco, not Judge Vinson's court which is in the Northern District of Florida.
10 posted on 02/02/2011 5:00:19 PM PST by FortWorthPatriot (Obama is no Hitler; Hitler got the Olympics!)
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To: Sub-Driver
..... still thinking about this.

I think there must be extreme selection bias for cases that are to be rejected. 60% and 71%? Sounds like they take the cases they think there is a good chance they are going to reject.

As such I think “most reversed” is the more relevant statistic than “% rejected”. Perhaps most reversed normalized for the entire case load, not just those cases taken up by a higher court.

If the SCOTUS keeps having to hear your decisions, even if you DO have (only) a 61% rejection rate compared to 70%, it is because your views of the law raise eyebrows and they say “We will have to review this one”.

The most relevant measure would be how many cases the SCOTUS rejects normalized, not for how many are heard by a higher court and thus represented as a % rejected that they hear, but normalized for how many cases in total.

For example if the 9th took 100 cases, the SCOTUS reviewed 20 of them and rejected 61%, they still rejected some 12 to 13 decisions out of 100 cases.

If the 1st circuit took 100 cases, the SCOTUS reviewed only 10 of them and rejected 70%, well they only rejected 7 out of 100.

I think the 9th, by that criteria, would still count as “the most reversed”.

But at first I did find the 61% to 70% statistic disturbing.

Lies, damn lies, and statistics. As Twain would say.

11 posted on 02/02/2011 5:00:50 PM PST by allmendream (Tea Party did not send the GOP to D.C. to negotiate the terms of our surrender to socialism.)
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To: allmendream

excuse my dyslexia.

60% and 71% throughout, self edit any 61%’s or 70%’s appropriately. Or just consider it a rounding error. ;)


12 posted on 02/02/2011 5:02:32 PM PST by allmendream (Tea Party did not send the GOP to D.C. to negotiate the terms of our surrender to socialism.)
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To: Sub-Driver

My fear is that something will happen to one of the conservative judges on the Supreme Court before the 2012.


13 posted on 02/02/2011 5:06:24 PM PST by Daralundy
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To: Sub-Driver

All nine smacked down the 9th circus. How insane do you have to be to have Ginsburg disagree with you?


14 posted on 02/02/2011 5:20:54 PM PST by mockingbyrd (We remembered in November.)
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To: Sub-Driver

These Leftist clowns should be impeached for their unamerican rulings. Why pay them fat salaries to come up with all these unconstitutional rulings?


15 posted on 02/02/2011 5:21:24 PM PST by kittymyrib
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To: mockingbyrd

GMTO.

See #8!


16 posted on 02/02/2011 5:33:10 PM PST by allmendream (Tea Party did not send the GOP to D.C. to negotiate the terms of our surrender to socialism.)
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To: Daralundy

“My fear is that something will happen to one of the conservative judges on the Supreme Court before the 2012.”

I agree with you.....that’s probably why the Obama regime is not appealing Vinson’s ruling of Obamacare as unconstitutional. They’re just ignoring it.


17 posted on 02/02/2011 5:33:54 PM PST by Electric Graffiti (Crush your enemies, see them driven before you, and hear the lamentation of their Moonbats)
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To: Electric Graffiti

There is a practice of allowing the Senators from the States where the Courts rule to suggest the nominees to the bench to the President. That needs to change when we get rid of Obama. The President is supposed to come up with the nominees..and then lets fight it out in the Senate. No more GOP Presidents taking nominations from the likes of Boxer and Feinswine.


18 posted on 02/02/2011 5:49:45 PM PST by Oldexpat
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To: Dryman
Who picks the Judges?

There's the rub.

19 posted on 02/02/2011 5:59:28 PM PST by Tanniker Smith (I didn't know she was a liberal when I married her.)
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To: Sub-Driver

My question is why isn’t the MSM reporting this news?


20 posted on 02/02/2011 6:14:57 PM PST by Bigun ("It is difficult to free fools from the chains they revere." Voltaire)
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