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Abstract

Legal commentators and Supreme Court watchers continue to focus on statistics showing reversal rates for the U.S. Court of Appeals and to draw conclusions about the circuits, especially the Ninth Circuit, from the statistics. This essay argues that this focus is misplaced because it ignores the increased rate at which the Supreme Court is reversing all lower courts, downplays the high reversal rates for most other circuits including the Seventh, and gives no weight to how media coverage and scholarly commentary fuel the problem by lionizing circuit judges.

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