The Impact of Courts of Appeals on Substantive and Procedural Success in the Federal District Courts

Abstract

While scholars have tested for the presence of powerful hierarchical constraints and effectiveness within the federal judicial branch, this scholarship has been restricted, largely due to data limitations, to federal appellate courts. Utilizing an original database of cases terminated in 29 federal district courts from 2000 to 2004, I assess the impact that courts of appeals have on district court decision making after a case is appealed to the circuit court and then returned to the district court on remand. I argue and find that appellate courts impact district courts, both in terms of the parties that win and the disposition methods that take place. In particular, the specificity of appellate court directions given to district courts are an important determinant of impact, as is the appellate court decision to publish the opinion remanding the case to the district court. These findings have vast implications, including for hierarchical control in the judiciary, appellate court bargaining, and perceptions of judicial legitimacy. At the same time, they also present a more nuanced theoretical picture of judicial impact.