Ninth Circuit Struck Out By Supremes

0-3 for the Ninth: The Supreme Court reversed the Ninth Circuit in three cases today: Muehler v. Mena (handcuffing during warrant execution didn't violate Fourth Amendment), Brown v. Payton (error in jury instructions in capital case survives deferential AEDPA review), and Rancho Palos Verdes v. Abrams (no private cause of action for permit denial under the Telecommunications Act of 1996).

Via Orin Kerr of the Volokh Conspiracy

In case anyone has been paying attention, the 9th Circuit has been overruled by the Supreme Court more often than any other circuit in the nation. That would suggest the 9th is out of touch with the rest of the nation. The 9th Circuit includes: California, Oregon,
Washington, Arizona, Montana, Idaho, Nevada, Alaska, Hawaii, Guam and the Northern
Mariana Islands. It begs the question why the 9th hasn't been split into at least two pieces in order to deal with the incredibly large land area and population under its jurisdiction. It is entirely possible to split the 9th into two parts; one for California, Hawaii, and the Marianas, while the remaining states are incorporated into a new circuit court.