Prior papers in this series focused specifically on the Court’s decision to grant review. Factors related to whether the Court grants review are also related to how the Court disposes of cases on the merits. More specifically, this study examines whether certain factors affect the Court’s decision to summarily dispose of a case on the merits or to give it a full review.
Drawing from an ongoing database project this study examines all cases granted review during the Burger Court (1969 to 1985 Terms) on its appellate docket. Three basic factors are considered: whether the case was filed as a petition for a writ of certiorari or an appeal, whether the case was affirmed or reversed (including those vacated) by the Court, and whether the lower court decision was liberal or conservative. The results show a clear difference in disposition (summary or full) of cases on certiorari versus those on appeal. There was a statistically significant difference in the type of disposition between cases affirmed and those reversed when the cases were separated into those on certiorari and those on appeal. There was also a difference in the Court’s method of disposition depending on the ideological direction of the lower court decision when the lower court decision was liberal.