The NY Times carries an interesting story on this question, prompted perhaps by President Obama’s recent nomination of ‘liberal Berkeley law professor” Goodwin Liu to the 9th Circuit Court of Appeals. The Times turns to political scientists for empirical analysis of this proposition – I don’t know why the media would do this, surely Tucker Carlson, Keith Olbermann, or some other pundit was available to tell us whatever was passing through their tiny brain at the moment — it seems odd that they would turn to people who might have something insightful to say. Anyway, here are some excerpts:
Andrew D. Martin, a professor of political science at Washington University in St. Louis, said that his research suggested that the Second Circuit, based in New York, and the Third Circuit, based in Philadelphia, “are about as far left as the Ninth,” he said.
The Bush appointees, Mr. Martin said, had “caused the Ninth Circuit to drift back to the right a little bit.” Other circuits, especially the Fifth Circuit, based in New Orleans, and the Sixth, based in Ohio, are on the right. “The differences correspond to the local politics of those areas,” he said, and he argued that the attacks on the Ninth Circuit were politically motivated.
But wait, there’s more:
Susan B. Haire, an associate professor of political science at the University of Georgia, has done extensive research into the rate of reversal for the various circuits and said that, in fact, the reversal rates for the Ninth are generally higher than for other circuits. However, Ms. Haire noted that the Ninth hears far more cases than any other circuit.
It is by far the largest of the circuits, with nearly 30 active judges across nine Western states and two Pacific territories, and had more than 12,000 new cases filed in 2009.
In the context of the total volume of cases, she said reversals are “marginally higher than the other circuits, but such a teeny-tiny difference from a substantive perspective even if it is statistically significant, people might say that’s to be expected when you have such a high volume” of cases.
[h/t http://twitter.com/abwhitford%5D
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