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How Often Does the Supreme Court Review Unanimous Civil Decisions From the Appellate Court?

By Kirk Jenkins on December 16, 2020
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Last week, we addressed the frequently heard claim that seeking Supreme Court review of an unpublished decision from the Appellate Court is a hopeless task.  This week, we’re addressing a similar claim – that the Supreme Court doesn’t review unanimous decisions.  Below, we’ll address the data from civil cases, and in our next post, we’ll look at the criminal cases.

In Table 1689, we report the percentage of the Court’s civil decisions every year that had a dissent below.  If the claim we’re analyzing is correct – that only divided decisions get reviewed – then the number should be somewhere close to 100%.  But it isn’t – not even close.

From 1990 to 1996, the percentage of civil cases with dissenters below was between 20% and 30% – reaching a high of 28.3% in 1991 and 28% in 1994.  There was a one year dip in divided cases in 1997, when only 9.52% of the civil docket had dissents below.  In 1999, the share with dissents jumped to 36.59%, but in 2001, it was down to only 7.84%.  From 2005 to 2013, the share of divided Appellate Court decisions bounced around every year between about one in four and one in three.  In 2014, only 14.81% of civil cases decided by the Court had a dissenter below, and in 2016, only 17.86% did.  In 2017, 38.46% of civil cases had a dissent below.  In 2018, it was 22.73, and that number has fallen since: 2019, 20.59% and so far in 2020, 19.35%.

Join us back here next time as we review the numbers for the criminal docket.

Image courtesy of Pixabay by Eyemyself (no changes).

Photo of Kirk Jenkins Kirk Jenkins

Kirk Jenkins brings a wealth of experience to his appellate practice, which focuses on antitrust and constitutional law, as well as products liability, RICO, price fixing, information sharing among competitors and class certification. In addition to handling appeals, he also regularly works with…

Kirk Jenkins brings a wealth of experience to his appellate practice, which focuses on antitrust and constitutional law, as well as products liability, RICO, price fixing, information sharing among competitors and class certification. In addition to handling appeals, he also regularly works with trial teams to ensure that important issues are properly presented and preserved for appellate review.  Mr. Jenkins is a pioneer in the application of data analytics to appellate decision-making and writes two analytics blogs, the California Supreme Court Review and the Illinois Supreme Court Review, as well as regularly writing for various legal publications.

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  • Posted in:
    Appellate
  • Blog:
    Illinois Supreme Court Review
  • Organization:
    Arnold & Porter Kaye Scholer LLP
  • Article: View Original Source

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