Abstract
The controversy over the Ninth Circuit's reversal rate illustrates several features of interest in the functioning of appellate courts. In this Article, I explore the arguments behind the possible sources of the Ninth Circuit's reversal rate, and the relationship between those sources and how scholars view the behavior of court of appeals judges. In short, an ideological explanation of the reversal rate for the Ninth Circuit (or, by extension, any other circuit) suggests that those who view court of appeals judges as motivated by their policy preferences offers the most compelling explanation of the Ninth Circuit's high reversal rate. If, however, there is a relationship between the size of a circuit and the number of cases the Supreme Court reverses, then those who argue that court of appeals judges are sensitive to efforts to make good law (but fail due to circuit size) may have a more compelling argument. Ultimately, of course, neither vision of appellate judging exists exclusive of the other, but understanding the relative role of these factors may facilitate a better understanding of the decisionmaking of court of appeals judges.
How to Cite
48 Ariz. L. Rev. 341 (2006)
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