Given that the Ninth Circuit is a perennial contender for most frequently reversed, it was not a huge surprise to see the Supreme Court toss one of their decisions in the shredder. It was a bit surprising, however, to see it happen so quickly -- before oral arguments began, and on the same day the Court released an orders list clearing much of its summer cert. petition backlog.
Why did the Supreme Court give the Ninth Circuit the quick and swift rejection, like a gowned and gaveled Dikembe Mutombo? It's the much-maligned Antiterrorism and Effective Death Penalty Act (AEDPA), and more specifically, the Ninth Circuit's completely botched application of its review standard.