The full measure also focuses on whether the Court agrees or disagrees with the approach taken by the courts of appeals, rather than simply on whether it reverses or affirms those courts.
In this article, Shareholder John S. Summers and Associate Michael J. Newman put forth a more complete method of measuring the US Supreme Court’s review of the Courts of Appeal. Instead of using the traditional “circuit reversal rate,” they propose to look at not only whether the Court affirms or reverses, but also at other circuit decisions identified by the Court as part of a circuit split. The full measure also focuses on whether the Court agrees or disagrees with the approach taken by the courts of appeals, rather than simply on whether it reverses or affirms those courts.
This article was originally published on SCOTUSblog.
