Ninth Circuit Court of Appeals
Bybee was first nominated to the Ninth Circuit Court of Appeals, the largest U.S. appellate court, on May 22, 2002. The Senate recessed for mid-term elections without acting on the nomination, which was "returned without action" in November 2002 under Senate Rule XXXI, Paragraph 6.
President George W. Bush resubmitted his nomination on January 7, 2003. The Senate Judiciary Committee reported favorably on Bybee's nomination by a 12-6 vote (10 Republicans and 2 Democrats for, 6 Democrats against) in late February and forwarded the nomination to the full Senate for consideration. Senate deliberations took place on March 13, 2003. The Senate confirmed Bybee's nomination by a vote of 74-19 the same day. Bybee received his commission on March 21, 2003. Justice Sandra Day O'Connor administered the oath of office at the U.S. Supreme Court building on March 28, 2003.
One senator remarked that "the fact that Jay Bybee was confirmed during one of the most contentious periods in the history of the United States Senate in terms of judicial nominees is a credit to his experience and integrity." Democratic Senator Charles Schumer noted that he supported Bybee's confirmation specifically because the judge's conservative views would help to moderate "the most liberal court in the country."
Some critics decried his confirmation, calling Bybee "an extremist who takes an overly limited view of federal power" and criticizing his "narrow view of individual rights", including abortion and gay marriage.
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