This week, we begin our look at the impact of declining Court of Appeal caseloads on the work of the Supreme Court.
We’ll be reviewing three questions in order to analyze the impact of the slow decline in cases at the Court of Appeal: (1) did the Supreme Court’s caseload decline? (2) Was the Supreme
This time, we’re measuring the length of Supreme Court review in civil cases by an alternative measure – the average number of days from the close of briefing to oral argument. One caveat – this data set runs from the close of all briefing – including amici and any supplemental briefs – to oral argument.
Today, we’re looking at a new topic, tracking the average time Supreme Court review takes for civil cases. In this and the following post, we measure the lag time in two ways: below, from the grant of review to oral argument, and in the next post, from the close of briefing to argument.
We report
Appellants in insurance law cases won 58.33% of the time to 41.67% for respondents. Appellants’ amici won the same fraction of the time – 58.33%. Respondents’ amici won 44.74% of their cases.
In property law cases, appellants won 57.14% of cases to 42.86% for respondents. Appellants’ amici had a far tougher time, winning only 28.57%
In the next two posts, we’re concluding our review of the amicus data, divided out by area of law.
Appellants in arbitration cases on 84% of the time between 2005 and 2020 to only 16% for respondents. Amici were nearly as lopsided – 89.83% wins for appellants’ amici, only 10.42% for respondents’ amici. In civil
Between 1990 and 2004, appellants in insurance law cases won 63.27% of the time to 36.73% for respondents. Appellants’ amici won 68.85% of their cases to 49.57% for respondents’ amici. Appellants in property law cases won 73.33% of the time to only 26.67% for respondents. Appellants’ amici won 83.33% of their cases; respondents’ amici lost
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
Between 2010 and 2020, 243 amicus briefs were filed in criminal, quasi-criminal (habeas corpus), juvenile justice, attorney discipline and mental health cases. Appellants’ amici were on the winning side in 68.42% of their cases, while respondents’ amici won only 40.66%.
Appellants’ amici ran the board, winning all their cases in three areas of law: mental
Between 2010 and 2020, a total of 1,258 amicus briefs were filed at the California Supreme Court in civil cases – 737 of them supporting appellants and 521 supporting respondents. Appellants were considerably more successful than respondents’ amici in these years: appellants’ amici wound up on the winning side in 71.23% of cases, while respondents’
Between 2000 and 2009, appellants’ amici wrote 141 amicus briefs while respondents’ amici wrote 90. The margin in winning percentage between the two sides was almost exactly the same as on the civil side. Appellants’ amici won 68.09% of the time, while respondents’ amici won 43.33% of their cases.
Leaving aside the minor players –