Thursday, November 22, 2018

Doubling down on Justice Roberts

No, he can't even let a national day of thanks and giving pass without being a dick on Twitter.




Sounds like what could have been a description of the Supreme Court after Kavanaugh's appointment.  That may not be such a sure thing now that he's decided to take on the Chief Justice, but who knows?  Maybe he's already certain that Roberts is actually in his pocket, too, and only felt the need to object to Trump's assessment of the 9th Circuit to defend his own position.



That's a laugh.

I don't expect Roberts to respond, and that will make His Lardship feel he's won the joust.

Politifact:
Broadly speaking, the 9th Circuit includes the 9th Circuit Court of Appeals and district and bankruptcy courts in 15 federal judicial districts (among them Hawaii, and districts in Washington, California).
We previously looked at the 9th Circuit’s record when Fox News’ Sean Hannity falsely claimed it was the most overturned in the country. 
The Supreme Court reversed about 70 percent of cases it took between 2010-15. Among cases it reviewed from the 9th Circuit Court of Appeals, it reversed about 79 percent. 
The 9th Circuit’s reversal rate is higher than average, but it’s not the absolute highest among the circuit courts. That distinction goes to the 6th Circuit, which serves Ohio, Michigan, Kentucky and Tennessee, with an 87 percent average between 2010-15. The 9th Circuit placed third. [ed: 2nd was the 11th at 85%; and the 3rd Circuit is at 78%]
Also, never forget the basic statistics issue of how you use the data...
"Reversal rates for each court of appeals would be very small, in the range of a tenth of a percent, if calculated as the total number of cases reversed over the total number of appeals terminated by that court," [Roy E.] Hofer wrote in his article published by the American Bar Association. "Conversely, if the reversal rate is calculated as the total number of cases reversed over the total number of cases reviewed by the Supreme Court, the ratio increases dramatically."
In comparing courts’ "performance," it makes more sense to compare reversal rate in terms of the ratio of cases reversed over cases reviewed by the Supreme Court, Hofer said. 
It’s possible that the sheer size of the 9th Circuit, as well as some of its procedures, cause it to produce more "outlier decisions," which are cases the Supreme Court always reverses, than other circuits — leading to a higher reversal rate, University of Pennsylvania law professor Kermit Roosevelt previously told us. 
And another thing from Hofer's 2010 article:  "The Supreme Court only reviews an average of 64 cases per year. [...] So how did the Ninth Circuit get the reputation for being the “rogue circuit”? Well, “figures don’t lie, but liars figure.” "

Always, always be skeptical of what Old Lardass says.  Especially what he's repeating from Sean Hannity.

...but hey, do what you want...you will anyway.

UPDATE 5:00pm:  Like a dog with a bone.


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