We’ve established already that majority opinions in cases reversing the Court of Appeal are, on average, generally longer than majority opinions affirming. Last time, we showed that for criminal cases between 1990 and 2003, the result was flipped – affirmances were nearly always longer. Today, we’re reviewing the data for the years 2004 to 2018.
In Table 741, we report the data for the years 2004 to 2010. As you can see, affirmances were longer than reversals in every year – in most cases, substantially longer. In 2004, affirmances averaged 39 pages, while reversals were only 25 pages. In 2005, affirmances averaged 55.5 pages and reversals were 27.04. In 2006, affirmances were 60.73 pages, but reversals were 28.93 pages. In 2007, affirmances averaged 42.56 pages, but reversals were only 28.23. In 2008, affirmances averaged 46.5 pages, while reversals were 36.04 pages. In 2009, affirmances averaged 50.27 pages, while reversals were only 23.88 pages. In 2010, affirmances averaged 54.41 pages, and reversals were 24.16.
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