THE VANISHING APPEAL?

Appellate filings in the United States Courts of Appeals demonstrate a considerable decline since 2006, following an historical trend in increasing caseloads throughout the twentieth century and early parts of the twenty-first. This phenomenon deserves evaluation. In this Article, we demonstrate the trend using data from the Administrative Office of the U.S. Courts and advance a number of potential hypotheses that might assist in explaining the trend, including decreasing trial rates, unique case type and circuit variations, trends in pro se litigation, and political explanations. Ultimately, the trend in case filings in the federal appellate courts is likely the product of a number of contributing factors, but the data deserve additional investigation in order to offer a more fulsome explanation.