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Jay S. Bybee

See more on Jay S. Bybee

Senior Circuit Judge
9th U.S. Circuit Court of Appeals
Nevada - Las Vegas





Law clerk, US 4th Circuit, 1980-1; private practice, Washington, DC, 1981-4; U.S. Dept. of Justice, 1984-9; associate counsel to Pres. George H.W. Bush, 1981-91; professor, Herbert Law Center, LSU, 1991-8, professor, Boyd School of Law, U Nevada, 1999-2001, assistant AG, 2001-3; nominated January 2003; confirmed March 2003

Brigham Young University, J. Reuben Clark Law School, J.D., 1980



Judicial Profiles
Title Court Published
Freethinking Judge Brings Controversial Past 9th U.S. Circuit Court of Appeals Oct. 3, 2007

Rulings
Case Category Published
Simon v. City and County of San Francisco
author
Criminal Law and Procedure Apr. 23, 2025
Chabolla v. ClassPass, Inc.
dissenting
Arbitration Feb. 27, 2025
Nisbet v. Bridger
dissenting
International Law Dec. 20, 2024
Oracle International Corp. v. Rimini St., Inc.
dissenting
Copyright Dec. 16, 2024
U.S. v. Nasri
concurring
Civil Procedure Oct. 29, 2024
In re: Thomas Eugene Creech
author
Judges Oct. 17, 2024
Blumberger v. Tilley
author
Civil Procedure Sep. 9, 2024
Carley v. Aranas
author
Qualified Immunity Jun. 3, 2024
Diaz v. Macys West Stores Inc.
author
Arbitration May 10, 2024
Meinecke v. City of Seattle
author
Constitutional Law Apr. 18, 2024
Linthicum v. Wagner
concurring
Constitutional Law Mar. 1, 2024
Scanlon v. County of Los Angeles
author
Civil Rights Feb. 2, 2024
U.S. v. Gambino-Ruiz
author
Criminal Law and Procedure Jan. 24, 2024
Center for Biological Diversity v. USFS
author
Environmental Law Sep. 1, 2023
Iten v. County of Los Angeles
author
Constitutional Law Aug. 30, 2023
U.S. v. Eckford
author
Criminal Law and Procedure Aug. 15, 2023
Alexis Hunley, et al. v. Instagram, LLC
author
Copyright Jul. 17, 2023
Zhovtonizhko v. Garland
author
Immigration Jun. 7, 2023
York County v. HP Inc.
author
Securities Apr. 11, 2023
Alfred v. Garland
author
Immigration Mar. 30, 2023
Johnson v. Ryan
author
Criminal Law and Procedure Dec. 15, 2022
Cadena v. Customer Connexx LLC
author
Employment Law Oct. 24, 2022
Amended Opinion: Kassas v. State Bar of California
author
Bankruptcy Sep. 26, 2022
In re Jane Doe
author
Criminal Law and Procedure Sep. 26, 2022
Kassas v. State Bar of California
author
Bankruptcy Aug. 1, 2022
U.S. v. Willy
author
Criminal Law and Procedure Jul. 26, 2022
Yoshikawa v. Seguirant
author
Civil Rights Jul. 25, 2022
Grand Canyon Trust v. Provencio
author
Administrative Agencies Feb. 23, 2022
Jones v. Slade
author
Civil Rights Jan. 25, 2022
U.S. v. Flucas
dissenting
Criminal Law and Procedure Jan. 24, 2022
McGill v. Shinn
author
Criminal Law and Procedure Oct. 22, 2021
Amaya v. Garland
author
Immigration Oct. 8, 2021
U.S. v. Madrid-Becerra
author
Criminal Law and Procedure Oct. 4, 2021
BNSF Railway Company v. Columbia River Gorge Commission
author
Civil Procedure Aug. 25, 2021
Whitewater Draw v. Mayorkas
author
Environmental Law Jul. 20, 2021
Escobar Santos v. Garland
author
Immigration Jul. 12, 2021
U.S. v. Quintero
author
Criminal Law and Procedure Apr. 30, 2021
League of United Latin American Citizens v. Regan
dissenting
Environmental Law Apr. 30, 2021
U.S. v. Door
author
statutory_interpretation Apr. 29, 2021
Young v. State of Hawaii
author
Civil Rights Mar. 25, 2021
Freyd v. University of Oregon
author
Employment Discrimination Mar. 16, 2021
Tomczyk v. Wilkinson
dissenting
Immigration Feb. 4, 2021
Singh v. Barr
author
Immigration Dec. 10, 2020
Chades v. Hill
author
Prisoners' Rights Oct. 1, 2020
U.S. v. Engel
author
Criminal Law and Procedure Aug. 7, 2020
U.S. v. Bundy
author
Criminal Law and Procedure Aug. 7, 2020
Attias v. Crandall
author
Immigration Jul. 31, 2020
U.S. v. Bocharnikov
author
Criminal Law and Procedure Jul. 28, 2020
Pacific Coast Horseshoeing School v. Kirchmeyer
author
Civil Rights Jun. 11, 2020
Cooper v. Tokyo Electric Power Company
author
International Law May 26, 2020
Aguilar Fermin v. Barr
author
Immigration May 6, 2020
Amended Opinion: Karasek v. Regents of the University of California
author
Civil Rights Apr. 21, 2020
Lewis v. Liberty Mutual Insurance Co.
author
Civil Procedure Mar. 31, 2020
U.S. v. Walker
author
Criminal Law and Procedure Mar. 23, 2020
U.S. v. Arpaio
author
Criminal Law and Procedure Feb. 28, 2020
Karasek v. Regents of the University of California
author
Civil Rights Jan. 31, 2020
The Democratic National Committee v. Hobbs
dissenting
Civil Rights Jan. 28, 2020
Becerra v. Dr Pepper/Seven Up
author
Civil Procedure Dec. 31, 2019
U.S. v. Cano
author
Constitutional Law Aug. 19, 2019
U.S. v. Corrales-Vazquez
concurring
Criminal Law and Procedure Jul. 25, 2019
Beckington v. American Airlines
author
Labor Law Jun. 11, 2019
Weil v. Citizens Telecom Servs. Co.
dissenting
Employment Discrimination Apr. 30, 2019
U.S. v. Prien-Pinto
author
Criminal Law and Procedure Mar. 13, 2019
U.S. v. Gilton
author
Criminal Law and Procedure Mar. 5, 2019
The Depot v. Caring for Montanans
author
Remedies Feb. 7, 2019
U.S. v. Lopez
author
Evidence Jan. 11, 2019
Cruz v. Nat'l Steel & Shipbuilding
author
Maritime Law Dec. 20, 2018
Gordon v. Drape Creative
author
Intellectual Property Nov. 21, 2018
U.S. v. Carter
author
Constitutional Law Nov. 5, 2018
Whalen v. McMullen
author
Qualified Immunity Oct. 31, 2018
In Re Swintek
author
Bankruptcy Oct. 23, 2018
Askins v. U.S. Dept. of Homeland Security
author
Constitutional Law Aug. 15, 2018
Pena v. Lindley
dissenting
Constitutional Law Aug. 6, 2018
Gordon v. Drape Creative Inc.
author
Intellectual Property Jul. 31, 2018
Guo v. Sessions
author
Immigration Jul. 31, 2018
Allen v. Milas
author
Immigration Jul. 25, 2018
Martinez-Cedillo v. Sessions
author
Immigration Jul. 24, 2018
Close v. Sotheby's
author
Copyright Jul. 9, 2018
Pinkette Clothing v. Cosmetic Warriors
author
Intellectual Property Jul. 2, 2018
Amended Opinion: Nevada State Engineer v. U.S. Board of Water Commissioners
author
Water Rights Jun. 29, 2018
Bermudez-Ariza v. Sessions
author
Immigration Jun. 26, 2018
Nevada State Engineer v. U.S. Board of Water Commissioners
author
Water Rights May 23, 2018
U.S. v. Mikhel
author
Criminal Law and Procedure May 10, 2018
Chavez v. JPMorgan Chase & Co.
author
Civil Procedure Apr. 23, 2018
French v. Jones
author
Civil Rights Dec. 8, 2017
Daewoo Electronics American v. OPTA
dissenting
Civil Procedure Nov. 28, 2017
Milby v. Templeton (In re Milby)
author
Bankruptcy Nov. 22, 2017
U.S. v. Guerrero
author
Criminal Law and Procedure Sep. 6, 2017
Snyder & Associates Acquisitions LLC v. United States
dissenting
Administrative Agencies Jun. 19, 2017
Title Court Published
Freethinking Judge Brings Controversial Past 9th U.S. Circuit Court of Appeals Oct. 3, 2007
Case Category Published
Simon v. City and County of San Francisco
author
Criminal Law and Procedure Apr. 23, 2025
Chabolla v. ClassPass, Inc.
dissenting
Arbitration Feb. 27, 2025
Nisbet v. Bridger
dissenting
International Law Dec. 20, 2024
Oracle International Corp. v. Rimini St., Inc.
dissenting
Copyright Dec. 16, 2024
U.S. v. Nasri
concurring
Civil Procedure Oct. 29, 2024
In re: Thomas Eugene Creech
author
Judges Oct. 17, 2024
Blumberger v. Tilley
author
Civil Procedure Sep. 9, 2024
Carley v. Aranas
author
Qualified Immunity Jun. 3, 2024
Diaz v. Macys West Stores Inc.
author
Arbitration May 10, 2024
Meinecke v. City of Seattle
author
Constitutional Law Apr. 18, 2024
Linthicum v. Wagner
concurring
Constitutional Law Mar. 1, 2024
Scanlon v. County of Los Angeles
author
Civil Rights Feb. 2, 2024
U.S. v. Gambino-Ruiz
author
Criminal Law and Procedure Jan. 24, 2024
Center for Biological Diversity v. USFS
author
Environmental Law Sep. 1, 2023
Iten v. County of Los Angeles
author
Constitutional Law Aug. 30, 2023
U.S. v. Eckford
author
Criminal Law and Procedure Aug. 15, 2023
Alexis Hunley, et al. v. Instagram, LLC
author
Copyright Jul. 17, 2023
Zhovtonizhko v. Garland
author
Immigration Jun. 7, 2023
York County v. HP Inc.
author
Securities Apr. 11, 2023
Alfred v. Garland
author
Immigration Mar. 30, 2023
Johnson v. Ryan
author
Criminal Law and Procedure Dec. 15, 2022
Cadena v. Customer Connexx LLC
author
Employment Law Oct. 24, 2022
Amended Opinion: Kassas v. State Bar of California
author
Bankruptcy Sep. 26, 2022
In re Jane Doe
author
Criminal Law and Procedure Sep. 26, 2022
Kassas v. State Bar of California
author
Bankruptcy Aug. 1, 2022
U.S. v. Willy
author
Criminal Law and Procedure Jul. 26, 2022
Yoshikawa v. Seguirant
author
Civil Rights Jul. 25, 2022
Grand Canyon Trust v. Provencio
author
Administrative Agencies Feb. 23, 2022
Jones v. Slade
author
Civil Rights Jan. 25, 2022
U.S. v. Flucas
dissenting
Criminal Law and Procedure Jan. 24, 2022
McGill v. Shinn
author
Criminal Law and Procedure Oct. 22, 2021
Amaya v. Garland
author
Immigration Oct. 8, 2021
U.S. v. Madrid-Becerra
author
Criminal Law and Procedure Oct. 4, 2021
BNSF Railway Company v. Columbia River Gorge Commission
author
Civil Procedure Aug. 25, 2021
Whitewater Draw v. Mayorkas
author
Environmental Law Jul. 20, 2021
Escobar Santos v. Garland
author
Immigration Jul. 12, 2021
U.S. v. Quintero
author
Criminal Law and Procedure Apr. 30, 2021
League of United Latin American Citizens v. Regan
dissenting
Environmental Law Apr. 30, 2021
U.S. v. Door
author
statutory_interpretation Apr. 29, 2021
Young v. State of Hawaii
author
Civil Rights Mar. 25, 2021
Freyd v. University of Oregon
author
Employment Discrimination Mar. 16, 2021
Tomczyk v. Wilkinson
dissenting
Immigration Feb. 4, 2021
Singh v. Barr
author
Immigration Dec. 10, 2020
Chades v. Hill
author
Prisoners' Rights Oct. 1, 2020
U.S. v. Engel
author
Criminal Law and Procedure Aug. 7, 2020
U.S. v. Bundy
author
Criminal Law and Procedure Aug. 7, 2020
Attias v. Crandall
author
Immigration Jul. 31, 2020
U.S. v. Bocharnikov
author
Criminal Law and Procedure Jul. 28, 2020
Pacific Coast Horseshoeing School v. Kirchmeyer
author
Civil Rights Jun. 11, 2020
Cooper v. Tokyo Electric Power Company
author
International Law May 26, 2020
Aguilar Fermin v. Barr
author
Immigration May 6, 2020
Amended Opinion: Karasek v. Regents of the University of California
author
Civil Rights Apr. 21, 2020
Lewis v. Liberty Mutual Insurance Co.
author
Civil Procedure Mar. 31, 2020
U.S. v. Walker
author
Criminal Law and Procedure Mar. 23, 2020
U.S. v. Arpaio
author
Criminal Law and Procedure Feb. 28, 2020
Karasek v. Regents of the University of California
author
Civil Rights Jan. 31, 2020
The Democratic National Committee v. Hobbs
dissenting
Civil Rights Jan. 28, 2020
Becerra v. Dr Pepper/Seven Up
author
Civil Procedure Dec. 31, 2019
U.S. v. Cano
author
Constitutional Law Aug. 19, 2019
U.S. v. Corrales-Vazquez
concurring
Criminal Law and Procedure Jul. 25, 2019
Beckington v. American Airlines
author
Labor Law Jun. 11, 2019
Weil v. Citizens Telecom Servs. Co.
dissenting
Employment Discrimination Apr. 30, 2019
U.S. v. Prien-Pinto
author
Criminal Law and Procedure Mar. 13, 2019
U.S. v. Gilton
author
Criminal Law and Procedure Mar. 5, 2019
The Depot v. Caring for Montanans
author
Remedies Feb. 7, 2019
U.S. v. Lopez
author
Evidence Jan. 11, 2019
Cruz v. Nat'l Steel & Shipbuilding
author
Maritime Law Dec. 20, 2018
Gordon v. Drape Creative
author
Intellectual Property Nov. 21, 2018
U.S. v. Carter
author
Constitutional Law Nov. 5, 2018
Whalen v. McMullen
author
Qualified Immunity Oct. 31, 2018
In Re Swintek
author
Bankruptcy Oct. 23, 2018
Askins v. U.S. Dept. of Homeland Security
author
Constitutional Law Aug. 15, 2018
Pena v. Lindley
dissenting
Constitutional Law Aug. 6, 2018
Gordon v. Drape Creative Inc.
author
Intellectual Property Jul. 31, 2018
Guo v. Sessions
author
Immigration Jul. 31, 2018
Allen v. Milas
author
Immigration Jul. 25, 2018
Martinez-Cedillo v. Sessions
author
Immigration Jul. 24, 2018
Close v. Sotheby's
author
Copyright Jul. 9, 2018
Pinkette Clothing v. Cosmetic Warriors
author
Intellectual Property Jul. 2, 2018
Amended Opinion: Nevada State Engineer v. U.S. Board of Water Commissioners
author
Water Rights Jun. 29, 2018
Bermudez-Ariza v. Sessions
author
Immigration Jun. 26, 2018
Nevada State Engineer v. U.S. Board of Water Commissioners
author
Water Rights May 23, 2018
U.S. v. Mikhel
author
Criminal Law and Procedure May 10, 2018
Chavez v. JPMorgan Chase & Co.
author
Civil Procedure Apr. 23, 2018
French v. Jones
author
Civil Rights Dec. 8, 2017
Daewoo Electronics American v. OPTA
dissenting
Civil Procedure Nov. 28, 2017
Milby v. Templeton (In re Milby)
author
Bankruptcy Nov. 22, 2017
U.S. v. Guerrero
author
Criminal Law and Procedure Sep. 6, 2017
Snyder & Associates Acquisitions LLC v. United States
dissenting
Administrative Agencies Jun. 19, 2017