Is The Supreme Court More Likely To Reverse When There’s A Dissent Below (Criminal – 1990-1999)? – Litigation, Mediation & Arbitration

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Is it more likely that the Supreme Court will turn back if there’s a disagreement below (Criminal – 1990-1999)?

August 18, 2021

Arnold & Porter

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A disagreement below was a far stronger indicator of the likelihood of an overturn before the Supreme Court in criminal matters between 1990 and 1999 than on the civil side. Throughout the period, 63.51% of cases ended with an underlying deviation from the Supreme Court. Only 44.77% of the unanimously decided cases below have been reversed. Dissent down cases led to no dissent cases in seven out of ten years: 1990 (66.67% dissent downside reversed, 50% no dissent downside reversed); 1991 (53.33% to 27.91%), 1992 (81.82% to 53.09%), 1995 (66.67% to 39.47%), 1997 (66.67% to 42.11% ), 1998 (80% to 46.27%) and 1999 (71.43% to.) 45.65%).

Please come back here later this week when we review the 2000-2009 data.

Image courtesy of Flickr by Matt Turner (no changes).

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