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Re:Net neutrality is half-dead: Court strikes down FCC’s ant... by rayiner on Tuesday January 14, 2014 @01:15PM (#7058651)
It's misleading to compare the number of appeals per judge between the D.C. Circuit and other circuits, because the D.C. Circuit has a very different docket composition. Certain kind of appeals are much easier and quicker to resolve than others: criminal sentencing appeals, habeas petitions, immigration appeals, routine civil matters like foreclosures or certain benefits awards, etc. While the D.C. Circuit does hear these sorts of cases, it does so only for the ~600k people in the District of Columbia. The other circuits, on the other hand, have a much larger number of these cases because they cover several states and usually 20-35 million people each.

The D.C. Circuit's docket consists very disproportionately of highly complex regulatory appeals, which take much more time than simpler types of cases. These cases are not only often very factually complex, but of a nature that leaves more scope for appellate review. Roughly speaking, when a circuit court reviews the factual findings or discretionary actions of a lower court, it does so deferentially. E.g. an appellate court reviews sentences imposed by a district court only for abuse of discretion. However, a circuit court reviews the legal conclusions of a lower court from scratch (de novo). Regulatory appeals in the D.C. Circuit are much more likely to turn on complex issues of legal interpretation that the appellate court must review from scratch, than on factual disputes that the appellate court need only review for clear error.

Re:Net neutrality is half-dead: Court strikes down FCC’s ant... by declan on Tuesday January 14, 2014 @01:19PM (#7058673)
You're certainly right that the DC Circuit will get a disproportionate number of regulatory appeals, but we don't know whether that fact actually matters without knowing what percentage of their workload involves complex cases, and whether they need equal staffing numbers. (I don't know the answer.)
Re:Net neutrality is half-dead: Court strikes down FCC’s ant... by rayiner on Tuesday January 14, 2014 @01:42PM (#7058835)
http://www.fjc.gov/public/pdf.nsf/lookup/caseman2.pdf/$file/... (Figure 4).

The D.C. Circuit has 10% criminal cases. 5 circuits have above 25% criminal cases. The D.C. Circuit has over 30% administrative cases, most circuits have under 10%. The D.C. Circuit has almost no private prisoner cases (cases by prisoners against state officials for violations of rights), while most circuits have over 15%. The D.C. Circuit has over 20% U.S. civil cases (civil cases in which the U.S. is a defendant), while most circuits have under 5%.

Even within those divisions there are relevant distinctions. An appeal from the Board of Immigration Appeals is an "administrative" case, but it's a much simpler matter to resolve, usually, than say a challenge to an EPA regulation. So while the 9th Circuit has almost 30% "administrative cases," each of those are likely much simpler to resolve than each administrative case on the D.C. Circuit's docket (not many people are getting deported from D.C.)