I’ve joked that the Supreme Court needs to get a Twitter Account. If so, today would be the ultimate time to tweet:
@SCOTUS Srsly @SReinhardt, not again, get it right! Epic Fail!
According to Orin Kerr at Volokh, Judge Reinhardt has actually been reversed 3 times on the same case:
As I understand the history, Judge Reinhardt first authored an opinion overturning Belmontes’ death sentence in Belmontes v. Woodford, 350 F.3d 861 (9th Cir. 2003). The Supreme Court granted, vacated, and remanded in light of Brown v. Payton, 544 U.S. 133 (2005). To be fair, that one wasn’t really a direct reversal of Reinhardt: He wasn’t on the Ninth Circuit decision reversed in Brown, so the first reversal was only to account for the Supreme Court’s clarification of the law in Brown. On remand, Judge Reinhardt wrote a second opinion overturning Belmontes’ death sentence in Belmontes v. Brown, 414 F.3d 1094 (9th Cir. 2005). The Supreme Court took that case and reversed in Ayers v. Belmontes, 549 U.S. 7 (2006). Judge Reinhardt then wrote a third opinion overturning Belmontes’ death sentence in Belmontes v. Ayers, 529 .23d 834 (9th Cir. 2008), which the Supreme Court reversed 9–0 in a per curiam decision today in Wong v. Belmontes.