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And the NLJ has Appellate Judges Put a Lot of Weight on Sister Circuit Precedent, Study Finds -- In a forthcoming paper in the Southern California Law Review, Georgetown University Law Center professor Amy Griffin questioned how much deference judges give peer circuit precedent, despite not being bound by it.
Griffin’s central finding: When there was already one-sided sister circuit precedent—set either by one or multiple courts—then the new court agreed with its peer or peer circuits 96% of the time. And once two circuits agreed, the rest almost always followed, according to her research.
When only one prior circuit had ruled on a first impression issue, the new, deciding circuit agreed with that peer precedent 84% of the time. But once two circuits ruled the same way, agreement jumped to 97%. And once three or more circuits were in agreement the new court agreed essentially 100% of the time.
Bloomberg Law has Leaked Emergency Docket Memos Show Early Supreme Court Split
Newly leaked documents from the Supreme Court’s decision to stay a landmark Obama-era climate policy shed light on a fracture among the justices over emergency rulings that has only widened as the court has moved further to the right.
The documents, internal memos from the justices’ discussions about whether to grant an unprecedented administrative stay blocking an Obama administration effort to reduce carbon emissions, were published Saturday by the New York Times
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