9th Circuit - AEDPA Unconstitutional?

A recent Ninth Circuit opinion with a concurrence by Judge Noonan questioning at length whether 2254 unconstitutionally violates separation of powers, by contraining judicial review:

http://www.ca9.uscourts.gov/coa/newopinions.nsf/876CC9D98DF1013588257296000F46F7/$file/0515275.pdf?openelement

We should talk about Noonan's arguments both when we discuss Williams v. Taylor and the suspension clause...