ARTICLE
18 August 2021

Is The Supreme Court More Likely To Reverse When There's A Dissent Below (Criminal – 1990-1999)?

AP
Arnold & Porter

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A dissent below was a far stronger indicator of the likelihood of reversal at the Supreme Court in criminal cases between 1990 and 1999 than it was on the civil side. For the entire period, 63.51% ...
United States Illinois Litigation, Mediation & Arbitration

A dissent below was a far stronger indicator of the likelihood of reversal at the Supreme Court in criminal cases between 1990 and 1999 than it was on the civil side. For the entire period, 63.51% of cases with a dissent below ended in reversal at the Supreme Court. Only 44.77% of cases decided unanimously below were reversed. Dissent-below cases led no-dissent cases in seven of ten years: 1990 (66.67% dissent below reversed, 50% no dissent below reversed); 1991 (53.33% to 27.91%), 1992 (81.82% to 53.09%), 1995 (66.67% to 39.47%), 1997 (66.67% to 42.11%), 1998 (80% to 46.27%) and 1999 (71.43% to 45.65%).

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Join us back here later this week as we review the data for the years 2000 through 2009.

Image courtesy of Flickr by Matt Turner (no changes).

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