We previously noted here that in Crater v. Galaza, the Ninth Circuit had rejected again the argument that the deference standard of the Antiterrorism and Effective Death Penalty Act of 1996, 28 U.S.C. § 2254(d)(1), is unconstitutional. Today, the Ninth denied rehearing en banc. Judge Reinhardt dissents, saying pretty much the same stuff he has been saying. He is joined by Judges Pregerson, Gould, Paez, and Berzon. It is disappointing to see Judge Gould join this over-the-top opinion. Judge Reinhardt cites the Liebman and Ryan article in Columbia Law Review but not my refutation which immediately follows it. See 98 Colum. L. Rev. 888. I'm crushed.