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feel free to add more examples; do -not- delete valid information
Just because information is valid does not mean it should appear in an article. The Ninth Circuit has been around for a long time, listing a single case from June 2002 and implying that it is the only controversial case or somehow demonstrative of anything at all does not illustrate good editorial practice. It dates the article horribly. Boiling down the Ninth Circuit to a single controversial case is deceptive and leads to the perception (POV) that they generate cases likely to be overturned, that retired judges are more often involved in those cases, etc. I'm working on finding a longer list of significant cases and I will not be listing that case unless it's clear that it's one of the most significant ones since the court's inception. Wikipedia is not about reporting current events. Daniel Quinlan 02:46, Oct 24, 2003 (UTC)
The Ninth Circuit is the most overturned appeals court in the United States.. In total numbers, that is correct. In terms or percentages of cases which are heard by the US Supreme Court, that is not correct. A larger percentage of cases is overturned from other courts than from the Ninth. It's only that more cases from the Ninth get moved up to the Supreme Court that it has so many cases overturned. And in the latest term, only one more than the next-overturned, which one it is, I don't recall right now. RickK 06:19, 26 Oct 2003 (UTC)
Someone should point out that the paragraph included is a biased word-for-word copy from http://www.centerforindividualfreedom.org/legal/9th_circuit.htm, which is a far-right lobbying group. Comparing the number of overturned cases from the 9th to "all the state cases combined" is highly prejudicial and irrelevant. You can't compare federal appellate and state courts. Furthermore, focusing on a single year (2002), the year BEFORE Bush appointed 7/28 members of the 9th is also misleading. —Preceding unsigned comment added by 76.124.155.213 ( talk) 06:19, 22 February 2008 (UTC)
The article says, speaking of judges on the court in 2001:
It then goes on to say that a 2002 opinion for the majority was written by a Nixon appointee. Unless Nixon appointed someone to the court between 2001 and 2002, either he was not a Nixon appointee, or the above list of who appointed how many judges is wrong. -- Delirium 23:24, Nov 6, 2003 (UTC)
I double-checked the information during my last edit spurt on this article. Goodwin is an inactive (read: semi-retired) judge. The 18/7 figure is for active judges who hear the vast majority of cases. I'll make a note in the article if there already isn't one. Daniel Quinlan 23:36, Nov 6, 2003 (UTC)
The first paragraph claims the court has 24 judges. The second claims it has 27. Which is correct? — (unsigned contribution by 62.253.130.205 on August 19, 2004
Frustrated by the article as it was, I rewrote it in anticipation of adding the charts and other info standard to courts of appeals pages. I welcome your feedback. -- Saucy Intruder 20:16, 21 Jun 2005 (UTC)
Please can we re-wikify the article so that we don't have so many blind links. Opinions please -- Chazz88 17:04, 25 September 2005 (UTC)
Is there any actual support for this claim?
This bill was reintroduced in the 109th Congress as the Ninth Circuit Judgeship and Reorganization Act of 2005, H.R. 211, co-sponsored by House Majority Leader Tom DeLay and the same Republican Congressmen who had sponsored the Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2003. This proposal would substantially align the states within each new circuit along political lines. Each state proposed as part of the new Ninth and Thirteenth Circuits (except for Alaska) cast its electoral votes for Democrat John F. Kerry in 2004, while each state proposed as part of the new Twelfth Circuit cast its electoral votes for Republican George W. Bush in 2004.
The previously referenced bill (the one that was apparently "reintroduced") isn't even close to this claim. Either it's been radically rewritten (which should be acknowledged as a separate bullet point) or the writer has no idea which states voted which way.
-- 69.140.81.84 01:11, 17 November 2005 (UTC)
?-- Capsela 15:06, 15 February 2006 (UTC)
The table listed the population in thousands. When I see 54,000 thousands it isn't exactly clear. So I added three 0s to the end of all of them and just put it as the real number. ABart26 04:20, 31 July 2006 (UTC)
While advocates of splitting the Ninth Circuit frequently point to the court's frequent reversal rate, they sometimes mean that the Supreme Court must disproportionately intervene in cases where the Ninth Circuit has sided with an unpopular group. I added the description of Kyllo v. United States, 533 U.S. 27 (2001), to show that in some cases where the Supreme Court reverses the Ninth Circuit, the Court has done so where the Ninth Circuit has sided with the government. --- Axios023 06:20, 12 August 2006 (UTC)
I deleted a reference to a site maintained by a pro se litigant before the court as evidence of the proposition that the court's unpublished decisions conflict with its published decisions. That site does not espouse a neutral point of view. --- Axios023 03:03, 17 January 2007 (UTC)
Someone writing in 2003 refuted someone's statement in 2006? Wow. When did we discover this technology? 129.171.233.29 14:03, 13 February 2007 (UTC)
Why do Republicans have to constantly inject a political agenda into EVERY Wiki article? Ray Ash 04:42, 19 September 2007 (UTC)
The section on "most overturned court" is verbatim equivalent to the one at http://www.centerforindividualfreedom.org/legal/9th_circuit.htm —Preceding unsigned comment added by 71.218.238.148 ( talk) 16:52, 29 September 2007 (UTC)
I deleted the "most overturned court" section because, as this individual has pointed out, it was simply copy and pasted from another website without any fair use argument or even citation. The individual who wrote this paragraph did not bother doing any independent research and didn't even bother to paraphrase. Added to this problem, I believe the paragraph should be deleted anyway since the website from which it was copied is clearly from an organization with a specific outspoken political agenda and there is no attempt given to varify any of the facts that have been pasted here. The "reasearch" is pointed, biased and fails to make the slightest attempt to give balanced and complete data. For instance, no consideration is given to how large and populated the Ninth Circuit is thereby failing to consider the possibility that more cases are overturned from the ninth circuit than anywhere else in terms of raw nationwide percentages is because they account for a much larger percent of appeals period. Even then there is no reason to believe that the website's data is even correct given that there is no cited research which supports its claims. But all of that is besides the point, copying and pasting from another website (especially when it is such a small amount) is not only supremely lazy but it is also a clear violation of Wikipedia rules and guidelines. —Preceding
unsigned comment added by
Jdlund (
talk •
contribs) 15:50, 4 April 2008 (UTC)
The U.S. Court of Appeals for the Ninth Circuit issued this news release today. [2] ThreeOneFive ( talk) 01:35, 27 June 2008 (UTC)
The criticism part is pretty consistent, but a bit long, to the extent that it's maybe not a bad idea to ponder splitting the section into an independent article. ADM ( talk) 03:58, 4 March 2009 (UTC)
Senior Judge Melvin T. Brunetti died last week, see [3]. I've updated the article accordingly. This also led me to look into the vacancies (although, as a Senior, Brunetti's death did not cause a vacancy) and I've corrected that section as well. TJRC ( talk) 02:01, 4 November 2009 (UTC)
I came to this page so that I can find out what affect this court's rulings have on the Ninth Circuit. I'm specifically talking about the Prop 8 trial. If this court overturns Prop 8, does that mean same-sex marriage will be legal in the entire Ninth Circuit or just California? 72.106.221.130 ( talk) 03:46, 17 January 2010 (UTC)
Please note and contribute to this discussion. Billyboy01 ( talk) 23:10, 22 April 2010 (UTC)
The related Category:United States Court of Appeals for the Ninth Circuit has been nominated for deletion, merging, or renaming . You are encouraged to join the discussion on the Categories for discussion page. |
The nomination referred to above was closed October 10, 2010. The result was Keep. |
Stop edit warring. If you object, follow the WP:IMPROVE policy. BRD is not a policy, or a guideline. More importantly, I've no idea what you think is wrong with my representation of the source so I can't improve my edit that you have reverted with no explanation. -- Elvey( t• c) 01:21, 2 December 2014 (UTC)
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Bybee is retiring, it has been reported elsewhere, but as of July 4, 2019, it is not on Future Judicial Vacancies as listed in the citation. It will be, of course, but I find it lazy to intentionally create a fake (so far) citation. — Preceding unsigned comment added by CarlCanton ( talk • contribs) 00:21, 5 July 2019 (UTC)
Fello Wikipedians, Former Judge Harry Pregerson is listed as Senior Status. Does that still apply? He died last November. — Preceding unsigned comment added by 2607:FCC8:AD19:EF00:645D:AD9F:E428:9FCD ( talk) 01:43, 10 January 2018 (UTC)
I have removed the following recent addition to the article, as it appears to be more of a personal essay than encyclopedic material:
Rate of overturned decisions
The 9th circuit has the highest frequency of rulings reversed by the U.S. Supreme Court, but not what lawyers would call the highest rate of reversals. In the Supreme Court October 2017 Term (Oct 2017 through September 2018) there were a total of 43 circuit court decisions that were reviewed and reversed by the Supreme Court. [2]Of those 43 reversals, 12 were from the 9th circuit. Compare those 12 reversals of 9th circuit rulings to 2.5 reversals -the median number of reversals for the other twelve circuit courts. [2] So, for one looking at quantity per time, the 9th had the highest rate of reversals. In terms of average time between reversals, the 9th court has the highest frequency of reversals. Oct 2013 through Sep 2018 the 9th circuit court was reversed for 48 out of the total 218 reversals for all 13 circuit courts. [2]In all 5 of those years, the 9th circuit had the more reversals than any other circuit court. [2]The 9th court averaged 9.6 reversals per year (48 reversals/ 5 years). [2] The median number of reversals for all 13 circuit courts during those 5 years was 2.6 per year. [2]. So why would lawyer's not call that the highest "rate" of reversals? Per the November 22, 2018 AP article "AP Fact Check Trump's Misinformation on Appeals Court" by Calvin Woodward and Mark Sherman, the authors stated "(President) Trump is wrong in suggesting that rulings by the 9th U.S. Circuit Court of Appeals are reversed more frequently than those of any other federal appeals court." [3] The pair reference scotusblog.com for their source data and go on to describe "rate" in terms of reversals per review, ignoring President Trumps term "frequency". [3]While lawyers (or AP writers) may look at their loss/attempt ratio when referring to "rate", that does not invalidate the general, dictionary use, of frequency to indicate more per time. The 9th court is overturned more often than any other circuit court. [2] Two potential reasons for being overturned so much:
First: The 9th jurisdiction, as stated elsewhere in this wiki article, represents nearly 20% of the national population. If one assumes 20% of population means 20% of case load, and all else being equal that would mean this one court would provide 20% of rulings reviewed on appeal to the supreme court. All else still equal that would mean 20% of the reversals, 1 out of 5 of all circuit court reversals, would be against this court. That alone would give this court the highest frequency of reversals. But it doesn't account for the 12 out of 43, or 28% of reversals in the Oct 2017 Term. [2]That is nearly half again what is explained by the population ratio.
Second: The 9th court may be influenced by liberal politics. As AP reporters Woodward and Sherman wrote: "It's not unusual for those challenging a president's policies to sue in courts they consider likely to back their claims, and it's true that the 9th circuit is a liberal-leaning court." [3]Politically charged cases with rulings from a "liberal-leaning court" such as injunctions against a conservative leaning president attempting to enforce immigration laws and border security, can be enough to raise 8 reversals (20% of total circuit court reversals) to the known 12 for 28% of total reversals. So 8/12 or 2/3 of the reversals may come from population and case load, that leaves 1/3 potentially due to political bias pointed out by the AP.
Simply put, raw data (scotusblog.com) shows this court is reversed more than any other circuit court by a large margin. [2] To make it look less significant one would need to make a ratio based on population or case load, but that still leaves the 9th as the most reversed of 13 courts for every year 2013 to 2018. Another way to diminish the fact this court is more reversed than any other circuit court would be to make an arbitrary reversal/review ratio as if appealing for a supreme court review were purely random and an arbitrary ratio would make the total number of bad rulings look irrelevant. So courts with only one case appealed, who lose, seem to be much worse with their 100% rate of reversed cases [3], compared to the 9th circuit which had 12 times as many cases reversed in the October 2017 Term, more than twice as many as any other circuit court, but only about an 80% "rate" which puts them near the middle, or only third worst.
From 1999 to 2008, of the 0.151% of Ninth Circuit Court rulings that were reviewed by the Supreme Court, 20% were affirmed, 19% were vacated, and 61% were reversed; the median reversal rate for all federal appellate courts was 68.29% for the same period. [4] From 2010 to 2015, of the cases it accepted to review, the Supreme Court reversed around 79 percent of the cases from the Ninth Circuit, ranking its reversal rate third among the circuits; the median reversal rate for all federal circuits for the same time period was around 70 percent. [5]
Some argue the court's high percentage of reversals is illusory, resulting from the circuit hearing more cases than the other circuits. This results in the Supreme Court reviewing a smaller proportion of its cases, letting stand the vast majority of its cases. [6] [7]
References
The implied arithmetic in the statement "Some argue the court's high percentage of reversals is illusory, resulting from the circuit hearing more cases than the other circuits. This results in the Supreme Court reviewing a smaller proportion of its cases, letting stand the vast majority of its cases." is either incomplete or incorrect. Is it the case that the Supreme Court allocates a fixed rate of appeals for each circuit? If so, that might explain it, but I don't believe it to be the case. Some clarification of this argument is necessary. Jim Bowery ( talk) 20:08, 13 March 2019 (UTC)
Judge Tallman moved from Seattle to Coeur d'Alene in the fall of 2018 (source: https://www.cdapress.com/local_news/20181107/students_love_the_law__and_pizza_too). This article was updated at the time but another editor recently changed his duty station back to Seattle. I've corrected this. — Preceding unsigned comment added by 63.241.40.131 ( talk) 18:17, 3 April 2019 (UTC)
Headings adjusted so that it "makes sense." Also, deleted the word "controversy" to eliminate confusion for those who do not understand what a controversy is. Also, removing unwarranted commentary from a dictionary page which is supposed to provide factual content is no"vandalism" (the deliberate destruction of public property) to any reasonable person. — Preceding unsigned comment added by 2601:646:300:70:A8EC:944D:4E87:3C0F ( talk) 21:11, 20 March 2021 (UTC)
I just reverted again an improper deletion of a section heading, "Controversy," because the result of the edit is that the subsections under Controversy end up under the preceding heading, "History," which makes zero sense. If the term Controversy is biased or inappropriate, the correct approach is to come up with a better heading, rather then creating a huge mess under the History section by trying to jam material into that section that doesn't really fit that rubric. -- Coolcaesar ( talk) 20:55, 20 March 2021 (UTC)