Last week, we reviewed the data on whether cases which were published below are more frequently reversed.  This week, we’re reviewing a related issue: are cases with a dissent below more frequently reversed by the Supreme Court?  If so, that might suggest that dissents at the Appellate Court aren’t just helpful in getting the Court’s attention for a PLA – a persuasive dissent might help the side who lost below turn defeat into victory at the Supreme Court.

In 1990 and 1991, cases without dissents were reversed somewhat more frequently than cases with dissents – in 1990, cases with dissents were reversed 47.62% of the time, and cases with no dissents were reversed in 58.62% of the cases.  In 1991, 60% of cases with dissents were reversed, and 68.42% of cases without dissents were reversed.

In 1992, two-thirds of cases with dissents were reversed, and 52.11% of cases with no dissents were reversed.  In 1993, 87.5% of cases with no dissents were reversed.  For cases with no dissents, the reversal rate was 40%.  In 1994, 61.9% of cases with a dissent were reversed, while half of cases with no dissents were reversed.  In 1995, 80% of cases with dissents were reversed.  63.41% of cases with no dissents were reversed.  In 1996, 83.33% of cases with dissents were reversed, while 60.47% of cases with no dissents were reversed.  In 1997, two-thirds of the cases with a dissent were reversed.  Only 47.37% of cases with no dissents were reversed.  In 1998, only 36.36% of cases with dissents were reversed, but 61.67% of cases with no dissent were.  In 1999, 57.14% of cases with no dissents were reversed.  Half of the cases with no dissents were reversed.

In 2000, 37.5% of cases with a dissent were reversed, while 60% of unanimous decisions were reversed.  In 2001, half of cases with a dissent were reversed, while 46.81% of non-unanimous decisions were reversed.  In 2002, 64.29% of cases with a dissent were reversed, while 58.33% of unanimous decisions were reversed.  In 2003, 64.71% of cases with a dissent were reversed.  Only 48.28% of cases without a dissent were reversed.

In 2004, half of the cases without a dissent were reversed, but 52.27% of unanimous decisions were.  In 2005, 54.55% of cases with a dissent were reversed, while 52.78% of unanimous decisions were.  In 2006, two-thirds of split decisions were reversed, while only 32.43% of unanimous decisions were.  In 2007, once again two-thirds of decisions with a dissent below were reversed, while only 38.46% of unanimous decisions were.  In 2008, 53.85% of decisions with a dissent were reversed, while 51.72% of unanimous decisions were reversed.

In 2009, 80% of decisions with a dissent were reversed, while 67.74% of unanimous decisions were.  In 2010, two-thirds of decisions with a dissent were reversed, but 47.62%of unanimous decisions were.  In 2011, 60% of unanimous decisions were reversed, and 42.86% of unanimous decisions were.  In 2012, all of the decisions which had a dissent below were reversed, and 64.29% of unanimous decisions were.  In 2013, 70% of decisions with a dissent were reversed, while 54.17% of unanimous decisions were.  In 2014, three-quarters of decisions with a dissent were reversed, and 65.22% of unanimous decisions were reversed.  In 2015, only 46.67% of divided civil decisions were reversed, while 55.17% of unanimous decisions were overturned.  In 2016, 20% of divided decisions were reversed, while 43.48% of unanimous decisions were reversed.  Last year, 80% of decisions with a dissent below were reversed.  Only 37.5% of unanimous civil decisions were reversed.

Join us back here tomorrow as we turn our attention to the Court’s criminal docket.

Image courtesy of Flickr by Bradhoc (no changes).