{ "id": "epzv482a7f", "slug": "jay-s-bybee", "title": "Jay S. Bybee", "updated": "2026-09-29", "topic_path": [ { "id": "society", "label": "Society and history", "api_url": "https://www.edgepedia.org/api/v1/topics/society" }, { "id": "society.law", "label": "Law and justice", "api_url": "https://www.edgepedia.org/api/v1/topics/society.law" }, { "id": "society.law.practice", "label": "Courts and legal practice", "api_url": "https://www.edgepedia.org/api/v1/topics/society.law.practice" }, { "id": "society.law.practice.people", "label": "Legal biographies", "api_url": "https://www.edgepedia.org/api/v1/topics/society.law.practice.people" }, { "id": "society.law.practice.people.people.judges.us", "label": "United States judges", "api_url": "https://www.edgepedia.org/api/v1/topics/society.law.practice.people.people.judges.us" }, { "id": "society.law.practice.people.people.judges.us.federal", "label": "US federal judges", "api_url": "https://www.edgepedia.org/api/v1/topics/society.law.practice.people.people.judges.us.federal" }, { "id": "society.law.practice.people.people.judges.us.federal.article3", "label": "Article III judges (district and appellate)", "api_url": "https://www.edgepedia.org/api/v1/topics/society.law.practice.people.people.judges.us.federal.article3" }, { "id": "society.law.practice.people.people.judges.us.federal.article3.appeals-judges", "label": "United States courts of appeals judges", "api_url": "https://www.edgepedia.org/api/v1/topics/society.law.practice.people.people.judges.us.federal.article3.appeals-judges" }, { "id": "society.law.practice.people.people.judges.us.federal.article3.appeals-judges.alpha-a-to-c", "label": "Surnames A to C", "api_url": "https://www.edgepedia.org/api/v1/topics/society.law.practice.people.people.judges.us.federal.article3.appeals-judges.alpha-a-to-c" } ], "geo": [ { "id": "geo.us.t2021.society.law.practice.people.people.judges.us.federal.article3.appeals-judges", "label": "United States · 2021 and later: United States courts of appeals judges", "api_url": "https://www.edgepedia.org/api/v1/geo/geo.us.t2021.society.law.practice.people.people.judges.us.federal.article3.appeals-judges", "path": [ { "id": "geo.us", "label": "United States", "api_url": "https://www.edgepedia.org/api/v1/geo/geo.us" }, { "id": "geo.us.t2021", "label": "United States · 2021 and later", "api_url": "https://www.edgepedia.org/api/v1/geo/geo.us.t2021" }, { "id": "geo.us.t2021.society", "label": "Society and history", "api_url": "https://www.edgepedia.org/api/v1/geo/geo.us.t2021.society" }, { "id": "geo.us.t2021.society.law", "label": "Law and justice", "api_url": "https://www.edgepedia.org/api/v1/geo/geo.us.t2021.society.law" }, { "id": "geo.us.t2021.society.law.practice", "label": "Courts and legal practice", "api_url": "https://www.edgepedia.org/api/v1/geo/geo.us.t2021.society.law.practice" }, { "id": "geo.us.t2021.society.law.practice.people", "label": "Legal biographies", "api_url": "https://www.edgepedia.org/api/v1/geo/geo.us.t2021.society.law.practice.people" }, { "id": "geo.us.t2021.society.law.practice.people.people.judges.us", "label": "United States judges", "api_url": "https://www.edgepedia.org/api/v1/geo/geo.us.t2021.society.law.practice.people.people.judges.us" }, { "id": "geo.us.t2021.society.law.practice.people.people.judges.us.federal", "label": "US federal judges", "api_url": "https://www.edgepedia.org/api/v1/geo/geo.us.t2021.society.law.practice.people.people.judges.us.federal" }, { "id": "geo.us.t2021.society.law.practice.people.people.judges.us.federal.article3.appeals-judges", "label": "United States courts of appeals judges", "api_url": "https://www.edgepedia.org/api/v1/geo/geo.us.t2021.society.law.practice.people.people.judges.us.federal.article3.appeals-judges" } ] } ], "excerpt": "Jay S. Bybee, born in 1953, is an American jurist serving as a senior judge on the U.S. Court of Appeals for the Ninth Circuit since 2019.", "snippet": "Jay S. Bybee, born in 1953, is an American jurist serving as a senior judge on the U.S. Court of Appeals for the Ninth Circuit since 2019.", "node": "society.law.practice.people.people.judges.us.federal.article3.appeals-judges.alpha-a-to-c", "markdown": "# Jay S. Bybee\n\nJay S. Bybee (born 1953) is an American jurist serving as a senior United States circuit judge of the [United States Court of Appeals for the Ninth Circuit](https://www.edgepedia.org/united-states-court-of-appeals-for-the-ninth-circuit) since 2019.[1](https://www.fjc.gov/history/judges/bybee-jay-s) He was appointed to the court by President George W. Bush and confirmed in 2003.[1](https://www.fjc.gov/history/judges/bybee-jay-s) He assumed senior status on December 31, 2019.[1](https://www.fjc.gov/history/judges/bybee-jay-s)\n\n| Fact | Detail |\n|---|---|\n| Court | U.S. Court of Appeals for the Ninth Circuit[1](https://www.fjc.gov/history/judges/bybee-jay-s) |\n| Appointed by | George W. Bush[1](https://www.fjc.gov/history/judges/bybee-jay-s) |\n| Confirmed | March 13, 2003 (Senate vote: 74 to 19)[1](https://www.fjc.gov/history/judges/bybee-jay-s) • [2](https://voteview.com/rollcall/RS1080054) |\n| Senior status | December 31, 2019[1](https://www.fjc.gov/history/judges/bybee-jay-s) |\n| Born | 1953 in Oakland, CA[1](https://www.fjc.gov/history/judges/bybee-jay-s) |\n| Education | B.A., Brigham Young University, 1977; J.D., Brigham Young University, J. Reuben Clark Law School, 1980[1](https://www.fjc.gov/history/judges/bybee-jay-s) |\n\n## Early life and education\n\nBybee was born in 1953 in [Oakland, California](https://www.edgepedia.org/oakland-california).[1](https://www.fjc.gov/history/judges/bybee-jay-s) He received his [Bachelor of Arts](https://www.edgepedia.org/bachelor-of-arts) from [Brigham Young University](https://www.edgepedia.org/brigham-young-university) in 1977 and his Juris Doctor from the university's J. Reuben Clark Law School in 1980.[1](https://www.fjc.gov/history/judges/bybee-jay-s)\n\n## Legal career\n\nAfter law school, Bybee served as a law clerk to Judge Donald Russell of the U.S. Court of Appeals for the Fourth Circuit from 1980 to 1981.[1](https://www.fjc.gov/history/judges/bybee-jay-s) He then practiced law privately in Washington, D.C., from 1981 to 1984.[1](https://www.fjc.gov/history/judges/bybee-jay-s)\n\nBybee held a series of positions in the U.S. Department of Justice: attorney in the Office of Legal Policy from 1984 to 1986 and attorney in the Civil Division from 1986 to 1989.[1](https://www.fjc.gov/history/judges/bybee-jay-s) From 1989 to 1991, he served as associate counsel to President George H. W. Bush.[1](https://www.fjc.gov/history/judges/bybee-jay-s)\n\nBybee was a professor at the Paul M. Hebert Law Center, Louisiana State University, from 1991 to 1999.[1](https://www.fjc.gov/history/judges/bybee-jay-s) He was a professor at the William S. Boyd School of Law, University of Nevada, Las Vegas, from 1999 to 2001.[1](https://www.fjc.gov/history/judges/bybee-jay-s) He then returned to the Justice Department as assistant attorney general in the Office of Legal Counsel, serving from 2001 to 2003.[1](https://www.fjc.gov/history/judges/bybee-jay-s)\n\n## Federal judicial service\n\nBybee was first nominated to the U.S. Court of Appeals for the Ninth Circuit on May 22, 2002, but no Senate vote was held on that nomination.[1](https://www.fjc.gov/history/judges/bybee-jay-s) He was renominated by President George W. Bush on January 7, 2003.[1](https://www.fjc.gov/history/judges/bybee-jay-s) The Senate confirmed him on March 13, 2003, by a vote of 74 to 19.[1](https://www.fjc.gov/history/judges/bybee-jay-s) • [2](https://voteview.com/rollcall/RS1080054) His commission was issued on March 21, 2003.[1](https://www.fjc.gov/history/judges/bybee-jay-s) Bybee assumed senior status on December 31, 2019.[1](https://www.fjc.gov/history/judges/bybee-jay-s)\n\n## Notable cases\n\nIn an opinion data compilation, Bybee's most-cited published opinion for the Ninth Circuit was identified as *Fortune Dynamic, Inc. v. Victoria's Secret Stores Brand Management, Inc.*, with 219 inbound citations in the CourtListener corpus.[3](https://judicialfinder.com/judges/jay-bybee)\n\nAt a [Federalist Society](https://www.edgepedia.org/federalist-society) event in April 2025, Bybee warned that overturning certain longstanding Supreme Court precedents could open \"Pandora's box\" and produce harmful legal consequences. He said it is \"important to have a set of rules\" for overturning precedent, citing the Supreme Court's 2022 decision in *Dobbs v. Jackson Women's Health Organization*, which eliminated the constitutional right to an abortion established in *Roe v. Wade* in 1973.[4](https://www.law.com/nationallawjournal/2025/04/17/9th-circuit-judge-warns-overturning-precedents-can-open-pandoras-box/)\n\nAmong opinions attributed to Bybee, he authored the opinion in *Cannon v. United States* and in *Sanchez Gonzalez v. United States Department of State*, and sat on the panels in cases including *United States v. Primrose*, *Patacsil v. Google LLC*, and *Conocophillips Alaska, Inc. v. Alaska Oil and Gas Conservation Commission*.[5](https://benchlight.org/judges/jay-s-bybee)\n\n## References\n\n1. [Bybee, Jay S. - Federal Judicial Center](https://www.fjc.gov/history/judges/bybee-jay-s)\n2. [Senate Roll Call Vote RS1080054](https://voteview.com/rollcall/RS1080054)\n3. [Jay Bybee - JudicialFinder](https://judicialfinder.com/judges/jay-bybee)\n4. [9th Circuit Judge Warns Overturning Precedents Can Open 'Pandora's Box' - National Law Journal](https://www.law.com/nationallawjournal/2025/04/17/9th-circuit-judge-warns-overturning-precedents-can-open-pandoras-box/)\n5. [Jay S. Bybee - BenchLight](https://benchlight.org/judges/jay-s-bybee)\n\n---\n*Topic: Encyclopedia › Society and history › Law and justice › Courts and legal practice › Legal biographies › United States judges › US federal judges › Article III judges (district and appellate) › United States courts of appeals judges › Surnames A to C*\n\n*Initially written Sep 27, 2026 · Reviewed: Sep 29, 2026 · Edited: Sep 29, 2026 · Last review: Sep 29, 2026*\n\n*Copyright 2026 EdgeChat AI, a subsidiary of Biostate AI.*\n\nLicense: Edgepedia Community License 1.0, https://www.edgepedia.org/edgepedia/license\n", "same_as": [], "url": "https://www.edgepedia.org/jay-s-bybee", "markdown_url": "https://www.edgepedia.org/jay-s-bybee.md", "license": { "name": "Edgepedia Community License 1.0", "url": "https://www.edgepedia.org/edgepedia/license", "summary": "Free with credit, commercial use included. AI training is open to everyone. For other uses, organizations over USD 100M in revenue or 100M monthly users license separately.", "spdx": "LicenseRef-Edgepedia-Community-1.0" }, "credit": "\"Jay S. Bybee\", Edgepedia (EdgeChat), https://www.edgepedia.org/jay-s-bybee. Edgepedia Community License 1.0.", "credit_md": "\"[Jay S. Bybee](https://www.edgepedia.org/jay-s-bybee)\", Edgepedia (EdgeChat), [https://www.edgepedia.org/jay-s-bybee](https://www.edgepedia.org/jay-s-bybee). [Edgepedia Community License 1.0](https://www.edgepedia.org/edgepedia/license).", "credit_html": "\"Jay S. Bybee\", Edgepedia (EdgeChat), https://www.edgepedia.org/jay-s-bybee. Edgepedia Community License 1.0.", "speakable": "Jay S. Bybee, born in 1953, is an American jurist serving as a senior judge on the U.S. Court of Appeals for the Ninth Circuit since 2019." }