71% of Americans do not want to give Amnesty to DACA illegal aliens

[GMDino]

(01-10-2018, 01:54 PM)bfine32 Wrote: I just was to brag about my powers of prediction.

When I read the headline I could have predicted the city that the judge was from. Is anyone else on here as talented as I/

I should pat myself on the back then too for knowing the POTUS would complain about "the courts" being "unfair" (when he loses).  

It just shows everyone how broken and unfair our Court System is when the opposing side in a case (such as DACA) always runs to the 9th Circuit and almost always wins before being reversed by higher courts.

— Donald J. Trump (@realDonaldTrump) January 10, 2018

Just some numbers on the "being reversed by higher courts" bit since this isn't the first time Trump has complained about it.

http://www.politifact.com/truth-o-meter/statements/2017/apr/26/donald-trump/does-ninth-circuit-have-overturn-record-close-80/

Quote:We previously looked at the 9th Circuit’s record when Fox News’ Sean Hannity falsely claimed it was the most overturned in the country.

Here’s what we found then, using data from SCOTUSBlog’s Supreme Court statistics archive on circuit scorecards.

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.

6th Circuit - 87 percent;
11th Circuit - 85 percent;
9th Circuit - 79 percent;
3rd Circuit - 78 percent;
2nd Circuit and Federal Circuit - 68 percent;
8th Circuit - 67 percent;
5th Circuit - 66 percent;
7th Circuit - 48 percent;
DC Circuit - 45 percent;
1st Circuit and 4th Circuit - 43 percent;
10th Circuit - 42 percent.

The 9th Circuit overturned rate is similar to the findings of a 2010 analysis by Roy E. Hofer, a former president of the Federal Circuit Bar Association and the Chicago Bar Association.

Hofer found that from 1999 to 2008, the Supreme Court reversed or vacated (ruled null or void) 80 percent of the cases it reviewed from the 9th Circuit.

But he pointed out that the percentage of reversed or vacated cases for each circuit would be significantly lower if calculated in a different way.

"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," 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.

Over the 10-year period analyzed by Hofer, the 9th Circuit terminated 114,199 cases, in comparison, the 1st Circuit had 16,620, he found.

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.

Our ruling

Trump tweeted, the 9th Circuit has an overturned record "close to 80%."

An overturned record can be calculated in at least two ways. By one measure, Trump’s tweet is correct if examining only cases reviewed by the Supreme Court. But by factoring in cases reversed over the total number of cases ruled by the circuit court, then the percentage is significantly smaller, far less than 1 percent.

We rate Trump’s claim Half True.