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Trump to Get Another 9th Cir. Appointment, Jay Bybee Seat Opening

July 1, 2019, 10:34 PM

President Donald Trump is on track to get another appointment to the largest federal appeals court.

Judge Jay Bybee of the San Francisco-based U.S. Court of Appeals for the Ninth Circuit plans to take senior status at the end of the year, the court confirmed on Monday.

Senior status is a type of semi-retirement which allows judges to keep working but relinquish their active seats.

Trump has appointed six judges to the appeals court and is looking to fill other openings.

Kirkland & Ellis partner Daniel Bress is awaiting consideration by the full Senate. Trump also will nominate a replacement for Judge Carlos Bea, who also plans to take senior status.

Trump has called out the Ninth Circuit for rulings against his administration’s policies.

Bybee was appointed to the seat by President George W. Bush in 2003. As a Justice Department official, he courted controversy for his role in the so-called torture memo on the Bush administration’s legal basis for post-9/11 interrogations of al Qaeda operatives.

To contact the reporter on this story: Joyce E. Cutler in San Francisco at

To contact the editors responsible for this story: Jessie Kokrda Kamens at; John Crawley at