Photo of 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 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.

This time, we’re looking at the data for average votes to affirm in cases not affirmed unanimously.

In 2010, Division Four averaged 5.5 votes to affirm in cases not unanimously affirmed.  The Second District averaged 2.5 votes and the Fourth averaged 2.33.  In 2011, the Third District averaged 3.5 votes and the Fourth averaged three. 

Last time, we reviewed the percentage of the time the Supreme Court affirmed civil decisions from each District unanimously.  This time we’re looking at average votes to affirm in non-unanimous decisions.

In 1990, Division Four of the First District averaged three votes to affirm.  In 1991, Division Five averaged three votes.  In 1992, Division Four

This time, we’re beginning a multi-week inquiry: (1) what percentage of the time does the Supreme Court affirm each District and Division of the Appellate Court unanimously; and (2) among non-unanimous decisions, what’s the average votes to affirm for each court?

In Table 1729, we report the percentage of unanimous affirmances for each District and

In this post and the next, we’re concluding our review of the Court’s unanimity rate in civil cases set against changes in the Court’s party alignment.

Despite changes in four of the Court’s seven seats during these eleven years, the party alignment of the Court remained the same throughout – four Democrats, three Republicans.  As

This week, we’re tracking the Supreme Court’s unanimity rate in civil cases, matched against the evolving party alignment of the Justices.  Last time, we reviewed the data for the 1990s.  Today, we’re reviewing the data for the years 2001 through 2010.

With Democrat Thomas Kilbride having replaced James Heiple in the final days of 2000,