CA3’s Scotus scorecard

Scotusblog‘s extraordinary data trove makes it easy to see how the Third Circuit has fared lately in the Supreme Court. Answer? Pretty well.

In the five most recent completed terms (OT 2008 to 2012), Scotus granted cert to review 25 CA3 cases. Of these 25, they affirmed 10 and reversed 15, for a 60% reversal rate. The  overall Scotus reversal rate during that period of 73%. So CA3 is doing better there than other courts.

In the current term (OT 2013), only 1 CA3 decision had cert granted: Bond v. US, a treaty-power criminal case making a return trip to Scotus. Bond was argued in the Court back in early November but no opinion yet; it is the second-oldest argued case awaiting decision, and it appears the author will be Roberts or Kennedy (my money’s on Kennedy, reversing again).

Bond CA3 opinion here (Jordan for the court, concurrences by Rendell and Ambro — I’m surprised to see a Scotus-remanded case assigned to the junior member of the panel), audio of CA3 argument by former Solicitor General Paul Clement here.)

For the upcoming term (OT 2014), Scotus has granted cert in 9 cases so far, none of them from CA3.