Thursday, April 13, 2023

How liberal is the 9th Circuit?

Law.com has How Liberal Is the 9th Circuit? New Study Takes Deep Dive

  • In a new study in the William & Mary Bill of Rights Journal, University of Pittsburgh law professor Arthur Hellman looked at en banc polling in the Ninth Circuit to get a better idea of whether the court lives up to its reputation [as one of the most liberal federal appellate courts]. His finding: the court is predominantly liberal, but in some areas of the law more than others—plus, prominent conservative dissents have also helped typecast the circuit.
  • Hellman focused on hundreds of cases between 1998 and 2020 where the full court voted on rehearing, focusing specifically on eight different categories of law where the underlying panel decision could easily and objectively be classified as liberal or conservative. The categories included immigration, labor and employment, and civil liberties.