Speaker 1: It's time now for our daily Bloomberg Law Brief, exploring
Speaker 1: legal issues in the news, and the Law Brief is
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Speaker 1: c d R dot org. Today, Bloomberg, Laho, Student Grosso
Speaker 1: and Michael Best discuss a growing chorus of government officials
Speaker 1: calling to break up the Ninth Circuit Court of Appeals,
Speaker 1: citing the high number of the Court's decisions that are
Speaker 1: overturned by the Supreme Court. They speak with Carl Tobias,
Speaker 1: a professor at the University of Richmond School of Law. Carl,
Speaker 1: let's start with the much touted reversal numbers. The Supreme
Speaker 1: Court reversed about seventy of the cases it took from
Speaker 1: the Ninth Circuit was in third place with a seventy
Speaker 1: nine percent reversal rate. But do these numbers really tell
Speaker 1: the story? No, they don't tell us very much at all.
Speaker 1: It's essentially a meaningless statistics just because us the Supreme Court.
Speaker 1: Only here is something like one of all appeals um
Speaker 1: out of any circuit, and so it really doesn't tell
Speaker 1: us much. It varies over time. And one example I
Speaker 1: give if a circuit um only has one case the
Speaker 1: Supreme Court here is in a particular year, and the
Speaker 1: Court reverses that circuit, well it has a rate. Uh.
Speaker 1: There's just such a tiny number of cases any year
Speaker 1: from any circuit that it really just doesn't tell us much. Well, Carl,
Speaker 1: let's let's talk about some of the other reasons that
Speaker 1: folks in Arizona put forward for wanting to get out
Speaker 1: of the Ninth Circuit. The ninth Circuit is the largest circuit.
Speaker 1: It's something that covers something like states that have about
Speaker 1: of the US population. Is it Is there something to
Speaker 1: the argument that is just too large compared with the
Speaker 1: other circuits and that there might be some judicial efficiency
Speaker 1: in splitting it up. Well, I think that's the problem.
Speaker 1: I don't think there is much judicial efficiency in splitting
Speaker 1: it up. And in fact, you're going to incur additional
Speaker 1: cost for all the court personnel and court houses and
Speaker 1: that type of things, so there isn't any real gain.
Speaker 1: The real problem here is there isn't a very feasible
Speaker 1: way to split it up. Uh, it's large, and it's
Speaker 1: a large population base, and it has the most appeals
Speaker 1: of any appeals court. But there just isn't a very
Speaker 1: feasible way to do much with it, principally because of California.
Speaker 1: So you're really not going to have much by way
Speaker 1: of savings here if you do what the Arizona centators
Speaker 1: and others in the West have suggested. As Carl Tobias,
Speaker 1: a professor at the University of Richmond School of Law,
Speaker 1: speaking with Bloomberg La host ju In Grosso and Michael Best.
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Speaker 1: Uber drivers will need to resolve employment disputes through arbitration.
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