Last week, we began reviewing the government’s winning percentage in civil appeals. We began by reviewing the data for the years 1990-2003. This week, we address the more recent years, beginning with the period 2004-2010.
For the beginning of this period, the government fared somewhat worse in both constitutional law and government and administrative law cases before the Court than in previous years. In 2004, governmental entities won both of their domestic relations cases and both of their tort cases. They won three of five tort cases, one of two tax cases and three of six government and administrative law cases. In 2005, governmental entities won both their employment law cases, plus their lone workers compensation case. They won one of two cases in constitutional law, but only one of four cases in government and administrative law, and lost their one case each in environmental law and domestic relations.
In 2006, the government won one case each in civil procedure and tax law. They won one of two cases in constitutional law and wills and estates and one of three cases in government and administrative law. The government lost its one tort appeal. The following year, governmental entities won their only cases in employment, constitutional law, environmental law, domestic relations and election law. They lost their single cases in government and administrative law and tax law. In 2008, governmental entities won single cases in civil procedure and domestic relations, and two of three constitutional law appeals. They lost an appeal in tax law.
In 2009, governmental entities had a very good year at the Court, winning both of their government and administrative law cases and both constitutional law cases, as well as their single cases in tort, civil procedure and employment law. The only case a governmental entity appealed and lost was in property law. In 2010, governmental entities won single cases in government and administrative law and tort law, but lost one case each in tax law and employment law.
Join us back here tomorrow as we turn our attention to the years 2011 through the present.