Sometimes the Ninth Circuit publishes an opinion not because the issue is a close one, not because the outcome of the case is at all in doubt, and not because the opinion technically meets the standards for publication, but rather because the panel (and case) is a good one in which to move the law a tiny little bit towards the way you'd like it to be, without the risk that anyone else on the court will be able to successfully call for en banc review.
Like here.
