Founder
Most federal appellate court decisions are not published. Indeed, the figures are quite high: for the fiscal year of 2025, the nationwide unpublished rate was 85.9%. The Seventh Circuit Court of Appeals issued the second lowest number of the federal appellate circuits, with 69.5% cases unpublished. Of course, per Federal Rule of Appellate Procedure 32.1, litigants may cite unpublished federal appellate decisions issued after January 1, 2007.
While FRAP 32.1 does not address the weight that should be given unpublished decisions, such decisions are generally treated as potentially persuasive but not precedential. For example, in the Eighth Circuit, unpublished decisions are not precedential but “may be cited for their persuasive value.” 8th Cir. R. 32.1A. Similarly, the Seventh Circuit provides that unpublished orders “are not treated as precedents.” 7th Cir. R. 32.1. So while parties are free to use such decisions in their federal appellate briefs, the unpublished designation will undercut the potency of such reliance.