This week, we’re continuing our investigation of the data on amicus curiae briefs. We’re comparing the winning percentage in each area of law for appellants’ and respondents’ amici to the overall winning percentage for each side. As I mentioned over at Illinois Supreme Court Review, of course this inquiry is subject to the objection of post hoc ergo propter hoc – just because amici won at a higher rate than appellants and respondents overall doesn’t mean they were actually decisive in those wins. But that’s for a future post . . .
Appellants won 60% of arbitration law cases between 1990 and 2004 to 40% for respondents. Amazingly, appellants’ amici won 95.24% of the time, while respondents’ amici won only 8.7% of their cases. Appellants and respondents evenly split civil procedure cases 50-50. Appellants’ amici won 52.21% of their cases, while respondents’ amici won 67.57%.
Appellants in commercial law cases won only 38.46% of their cases to 61.54% for respondents. Appellants’ amici won 50.98% of their cases, while respondents’ amici won 82.14%. Appellants won 61.96% of their cases in constitutional law during these years to 38.04% for respondents. Appellants’ amici won 54.74%, while respondents’ amici won 35.63%.
Appellants won three-quarters of the domestic relations cases between 1990 and 2004. Appellants’ amici won 71.43% of the time, to only 13.33% for respondents’ amici. Appellants in election law cases also won three-quarters of the time. Appellants’ amici won all their cases; respondents’ amici won none of theirs.
In employment law cases, appellants won 59.09% to 40.91% for respondents. Appellants’ amici won 67.57% of the time to 30.67% for respondents’ amici. Appellants in environmental law cases won two-thirds of their cases to one third for respondents. Appellants’ amici won 70.59% of their cases, while respondents’ amici won 33.33%.
Join us back here next time as we review the remainder of the data for the years 1990 through 2004.
Image courtesy of Flickr by Alex Beattie (no changes).