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14 Lewis & Clark L. Rev. 1557 (2010)
A Decade of Reversal: The Ninth Circuit's Record in the Supreme Court since October Term 2000

handle is hein.journals/lewclr14 and id is 1587 raw text is: ESSAYS A DECADE OF REVERSAL: THE NINTH CIRCUIT'S RECORD IN THE SUPREME COURT SINCE OCTOBER TERM 2000 by Diarmuid F. 0 'Scannlain Based on a comprehensive review of a decade of cases, this Essay concludes that the Ninth Circuit'~s record in the Supreme Court has been strikingly poor. Not only has the Ninth Circuit been reversed more often than its sister circuits, but it has also been a regular subject of unanimous and even summary reversals. This Essay further notes that many of the Supreme Court'~s reversals of the Ninth Circuit have come in cases involving review of state-court decisions under the Antiterrorism and Effective Death Penalty Act. As another Supreme Court Term begins, I thought I would take this opportunity to reflect on how cases from my own court have fared in the Supreme Court over the past decade. 1. THE 2000 TO 2009 DECADE The Ninth Circuit's record, I am afraid to say, has been strikingly poor. From October Term 2000 to October Term 2009 (the last completed Term of the Court), the Supreme Court rendered full opinions on the merits in 182 cases from the Ninth Circuit. In 148 of those cases, the Supreme Court reversed or vacated the decision of the .United States Circuit judge, United States Court of Appeals for the Ninth Circuit; A.B., St. John's University, 1957; J.D., Harvard Law School, 1963; LL.M., University of Virginia, 1992; LL.D. (Hon.), University of Notre Dame, 2002; LL.D. (Hon.), Lewis & Clark College, 2003. The views expressed herein are my own and do not necessarily reflect the view of my colleagues or of the United States Court of Appeals for the Ninth Circuit. I would like to acknowledge, with thanks,, the assistance of Frederick Liu, my law clerk, in preparing this Essay. 1557

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