It is now the fashion to call for impeachment of 9 th Circuit Judge Jay Bybee for his role in creating the so-called torture memos back in 2002, when he was head of the Justice Department’s ...

In my opinion, Judge Bybee's opinion, joined by Judges Bea, Callahan, Ikuta and Kozinski, makes a fairly persuasive case under current law, but readers may judge for themselves. Apart from the ...

Bybee is a judge today only because of timing and the administration’s assertions of executive privilege. This is unacceptable. The president can rightly claim privilege for his conversations ...

Judge Jay S. Bybee, of the U.S. 9th Circuit Court of Appeals, was head of the Justice Department’s Office of Legal Counsel when he described the intensity of pain that could legally be inflicted.

Judges Bybee and Desai, who comprised the majority, each wrote separate concurrences, and Judge Bennett dissented. Judge Bybee’s lengthy concurrence explained his view that “this case is about ...

U.S. Circuit Judge Jay Bybee, a George W. Bush appointee who wrote the majority opinion, said that the judge who issued the preliminary injunction last year had incorrectly agreed with the plaintiffs ...

The judges hardly seemed deferential. The only member of the panel who served with Kozinski, Judge Jay Bybee, referred to his former colleague simply as “counsel.” During the arguments ...

“We are acutely aware of the crisis in the enforcement of our immigration laws,” Judge Jay S. Bybee, a George W. Bush nominee, wrote in 2018. “And as much as we might be tempted to revise ...

The 2-1 ruling was written by Judge Jay Bybee and joined by Judge Carlos Bea, both appointees of President George W. Bush. In dissent, Judge Salvador Mendoza, appointed by President Joe Biden ...