The title of this post is the caption for a George Will article in my daily WaPo opinion email. On the WaPo website, the article is titled, "Slow learners at the 9th Circuit."

The 9th U.S. Circuit Court of Appeals is a stimulus package for the Supreme Court, which would rather not have one. The 9th Circuit, often in error but never in doubt, provides the Supreme Court with steady work: Over the past half-century, the 9th has been reversed almost 11 times per Supreme Court term, more than any other circuit court. This week, the Supreme Court should spank it again and ask: Is it too much to ask that you pay some attention to our precedents?

The case that draws Will's ire has to do with school choice, but the general point is even more valid as applied to criminal law. So, the first priority in dealing with this rogue court is to fill vacancies with people who will bring it back toward the center.

President Obama apparently didn't get the memo. Nor did any of the Democrats on the Senate Judiciary Committee.