“As the Injustice [on Appeal: The United States Courts of Appeals in Crisis] authors [William M. Richman and William L. Reynolds] were among the first to point out, the courts’ increased workload has meant that only a fraction of all appeals now receive what one might call ‘traditional’ appellate adjudication in the form of oral argument, consideration by a judge and his or her clerks, and then a published opinion. Instead, the vast majority of appellate litigants currently receive no oral argument, have their cases worked up primarily by staff attorneys, and then have their cases disposed of via unpublished order or summary judgment. Injustice delineates the losses associated with each of these case-management developments, but then makes two larger, profound points. First, it is not simply that some cases receive less judicial attention overall, but rather that some kinds of cases receive less attention — namely, social security cases, prisoner cases, and criminal cases (or, as the authors point out, cases brought by parties who are arguably the most vulnerable in our legal system). Second, by deciding which cases will receive significant judicial attention and which cases will receive very little, the courts of appeals have begun to resemble certiorari courts — a move they have made entirely on their own.”

I made more than five appeals to the Second Circuit and they were all denied with decisions that were less than four sentences. Smdh!

Source: Marin K. Levy. Judging Justice on Appeal. The Yale Law Journal. pg. 2391-2392. 2014.


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