Jay S. Bybee

Nominated to the United States Court of Appeals for the 9th Circuit, Bybee was confirmed on March 13, 2003.

• Serves as the assistant Attorney General under John Ashcroft, a position in the Justice Department that advises the president on the constitutionality of legislation. Supreme Court Justices William Rehnquist and Antonin Scalia held the same position before their respective Supreme Court nominations.

• In Gibson v. Matthews (F.2d, 1991), Bybee argued that a pregnant woman serving time in federal prison for bank robbery had no constitutional right to have an abortion.

• In Bowen v. Kendrick (1988), Bybee defended the Adolescent Family Life Act, which "provides grants to public and private agencies for services for pregnant adolescents and adolescent parents." The act funds religious as well as public organizations with the restriction that the funding will be used for "counseling and educational services for adolescents, including abstinence only policy, but not including family planning services or abortion services." Bybee argued that awarding grants to religious groups does not violate the constitutional requirement of separation between church and state.

• In High-Tech Gays v. Defense Industrial Security Clearance Office (F.2d, 1990) Bybee defended a mandatory screening process for all "known or suspected [to be]" gay employees arguing that their participation in "acts of sexual misconduct or perversion [are] indicative of moral turpitude, poor judgment, or lack of regard for the laws of society."

• He has also argued in a law review article that "homosexuals" are "emotionally unstable" and that banning discrimination based on sexual orientation creates "preferences" favoring "homosexuals," instead of protecting them.*

• As a states' rights advocate, Bybee argues that because "the federal courts have an affirmative obligation to enhance state powers and limit Congressional power," acts such as the Violence Against Women Act and the Americans with Disabilities Act are unconstitutional.**

• Bybee disagrees with the 17th Amendment, which calls for the popular election of senators, claiming it is a "failed system gone awry" that can only be remedied by "returning to election of the U.S. Senate by state legislatures."**

• In an amicus brief, he supported the tax exempt status of Bob Jones University, despite its discriminatory policy barring interracial dating.**

• Member of the Federalist Society

Updated 5/6/03