Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
Debunking GOP attack against Ketanji Brown Jackson: Reversals
Link to tweet
Link to tweet
Tweet text:
Steve Vladeck
@steve_vladeck
The @NRO claims that Judge Jackson "has a discouraging record of her decisions being reversed."
The data is to the contrary. In her 2021 Senate Judiciary Questionnaire, she listed 11/562 district court rulings that were reversed = 1.96%:
https://judiciary.senate.gov/imo/media/doc/Jackson%20Senate%20Questionnaire%20Public%20Final.pdf#page=86…
That's ... low.
Image
I don't think reversal rates tell us much except in extreme cases; reversals can be for any reason (and from any direction), and they are hardly proof that the reversing court was *right.*
But if this is going to be a line of attack, it's worth stressing how ... empty ... it is.
Here's a 2010 study, for instance, finding an average reversal rate for district judges of 14.4%:
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1640876…
Again, I think this data, too, is noisy. But the notion that Judge Jackson is an outlier here is correct only in the *opposite* direction from the critique.
8:14 AM · Feb 28, 2022
Steve Vladeck
@steve_vladeck
The @NRO claims that Judge Jackson "has a discouraging record of her decisions being reversed."
The data is to the contrary. In her 2021 Senate Judiciary Questionnaire, she listed 11/562 district court rulings that were reversed = 1.96%:
https://judiciary.senate.gov/imo/media/doc/Jackson%20Senate%20Questionnaire%20Public%20Final.pdf#page=86…
That's ... low.
Image
I don't think reversal rates tell us much except in extreme cases; reversals can be for any reason (and from any direction), and they are hardly proof that the reversing court was *right.*
But if this is going to be a line of attack, it's worth stressing how ... empty ... it is.
Here's a 2010 study, for instance, finding an average reversal rate for district judges of 14.4%:
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1640876…
Again, I think this data, too, is noisy. But the notion that Judge Jackson is an outlier here is correct only in the *opposite* direction from the critique.
8:14 AM · Feb 28, 2022
