Is the Ninth Circuit merely misunderstood?

The Curmudgeonly Clerk has excellent links —  but also excellent original discussion — pertaining to the question of whether the Ninth Circuit is really as errant and out of touch as its critics claim, and in particular whether statistics can contribute meaningfully in trying to answer that question.  As I mention in a comment there, I trust my subjective opinion over statistics on that subject, and I think the Ninth largely deserves its bum rap. 

But as I've posted here as well, I commend the Ninth Circuit for at least beginning to address the problem on both substantive and reputational levels in the Shelley en banc proceedings.