The administration appealed, but the 9th Circuit Court of Appeals upheld the judge’s order in a 2-1 opinion written by Judge Jay Bybee, an appointee of President George W. Bush. “Just as we may not, as we are often reminded, ‘legislate from the bench,’ neither may the Executive legislate from the Oval Office,” he wrote on Dec. 7.
Source: latimes.com – Los Angeles Times