How one circuit court judge can stop a higher court from establishing a legal precedent

Not all legal cases establish a legal precedent – federal circuit court appeal opinions often go unpublished and thus only apply to the dispute in question. In new research, Morgan L.W. Hazelton, Rachael K. Hinkle, and Jee Seon Jeon find that the decision whether or not to publish such opinions can have an influence on whether a judge issues a dissent from the majority. If the circuit court is substantially different ideologically from a higher court, judges can pre-emptively silence a dissenting opinion by deciding that it will not be published, thus negating the chance that their decision will be reviewed by a higher court.