Actually, 9th Ciruit can, does, and has ruled on State Initiatives if it is challenged on US Constitution grounds.
They tossed out California’s Prop 187 which would have denied public services to illegal aliens. It passed the voters by a large majority, but was challenged on the grounds that it violated the illegal’s Constitutional rights to free public education. Prop 187 was struck down by the 9th Circuit and illegals are still sucking money out of the California public school system as well as other public services 187 would have made them ineligible for.
Yeah, well read this one again and see if that's likely. If this is challenged it will be in state court.
Prop 187 was never tried in the 9th Circuit. An appeal was filed, but Gray Davis agreed to mediation... then rolled over dead withdrawing the appeal.