Senate confirms Bybee nomination

Friday, March 14, 2003 | 9:31 a.m.

WASHINGTON -- As expected, the Senate on Thursday confirmed University of Nevada, Las Vegas law professor Jay Bybee to serve on the 9th U.S. Circuit Court of Appeals.

The San Francisco-based court, which handles cases from nine Western states, including Nevada, is the largest of the 13 federal appeals circuits with 28 judges.

The Senate confirmed Bybee on a 74-19 vote. The 19 dissenters were Democrats. Bybee was elated when Sen. John Ensign, R-Nev., spoke to him shortly after the vote, Ensign said.

"He and his family are pretty excited this long ordeal is over," Ensign said.

Bybee, who is on leave from UNLV to work as a constitutional issues adviser for the U.S. Department of Justice, was unavailable for comment. Department spokeswoman Monica Goodling said Bybee decided to follow a standard procedure for federal judicial nominees in issuing a statement rather than talking to reporters.

"I am grateful to the Senate for placing their confidence in me and confirming me this afternoon. It was an honor to be nominated and I look forward to serving with dignity on the 9th Circuit," Bybee's statement said.

Ensign last year recommended Bybee to President Bush, with the endorsement of Sen. Harry Reid, D-Nev. But senators did not act before the session ended. This year Bybee's nomination was considered in the Senate amid heightened partisan bickering over judicial nominees, but the full Senate moved relatively quickly on Bybee, voting just two weeks after the Judiciary Committee approved him.

It was not immediately known when Bybee will start his new job.

The federal appeals courts are one rung below the U.S. Supreme Court. One other Nevadan serves on the 9th Circuit bench -- Johnnie Rawlinson, confirmed in 2000. Rawlinson, who served for 18 years in the Clark County District Attorney's Office, was the first African-American woman confirmed to the 9th Circuit.