2 ms·
That assertion is difficult to square with actual statistics: http://www.uscourts.gov/uscourts/Statistics/StatisticalTablesForTheFederalJudiciary/2013/june/B05J
by pdabbadabba 13y ago
That assertion is difficult to square with actual statistics: http://www.uscourts.gov/uscourts/Statistics/StatisticalTablesForTheFederalJudiciary/2013/june/B05Jun13.pdf http://www.uscourts.gov/uscourts/Statistics/StatisticalTable...
Remember that by the time a case reaches a court of appeals, with the government as a party, the U.S. itself must first decide its position is meritorious (it almost always has discretion to bring or defend a case). Then a district court also rules on it. So, for the district court to be reversed against the government, both the government lawyers and the district court must have been incorrect. This will not be an especially common occurrence even without the improper influence that you are insinuating. Given this posture, I find it remarkable, frankly, that the government loses appeals as frequently as it does. While it usually wins, it is hardly rare for them to lose.