The U.S. Court of Appeals for the Third Circuit’s record at the U.S. Supreme Court during the high court’s recently concluded 2014-15 term appears to have been an unmitigated disaster from the most commonly used viewpoint. The Supreme Court decided three cases from the Third Circuit on direct review, and the court reversed in all three. Adding insult to injury, of the 27 votes that the nine justices cast in those three cases, the Third Circuit received only a grand total of one-and-a-half votes in favor of affirmance. Even the Philadelphia Phillies’ starting position players this year have better batting averages than that.
However, as in years past, this column refuses to judge the Third Circuit’s performance at the Supreme Court based on such a limited and superficial review. When one journeys beneath the surface to consider an additional three cases in which the Supreme Court expressly noted that it was resolving conflicts that involved the Third Circuit, the Third Circuit’s record at the Supreme Court improves significantly.
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