Rule XXXI, Paragraph 6. President George W. Bush resubmitted his nomination on January 7, 2003. The Senate Judiciary Committee reported favorably on Bybee's nomination by a 12–6 vote (10 Republicans and 2 Democrats for, 6 Democrats against) in late February and forwarded the nomination to the full Senate for consideration. Senate deliberations took place on March 13, 2003. The Senate confirmed Bybee's nomination by a 74-19 vote the same day. Bybee received his commission on March 21, 2003. Justice Sandra Day O'Connor administered the oath of office at the United States Supreme Court building on March 28, 2003. Democratic Senator Charles Schumer noted that he supported Bybee's confirmation specifically because the judge's conservative views would help to moderate "the most liberal court in the country." Some critics decried his confirmation, calling Bybee "an extremist who takes an overly limited view of federal power" and criticizing his "narrow view of individual rights", including abortion and gay marriage. Bybee was confirmed in 2003, more than a year before news of his role in the torture memos was revealed. According to Senator Patrick Leahy, "If the Bush administration and Mr. Bybee had told the truth," regarding Bybee's role in the Torture Memos, "he never would have been confirmed." In July 2019, it was reported that Bybee planned to assume senior status by the end of the year. On September 20, 2019, President Donald Trump announced his intent to nominate Lawrence VanDyke to Bybee's seat. VanDyke was confirmed by the Senate on December 11, 2019. Bybee assumed senior status on December 31, 2019. Significant opinions On January 13, 2005, in a 2–1 decision, Bybee wrote for the majority in United States v. Bruce. This case refined the rules for defining whether or not an individual is considered a Native American. The current two-prong Rogers approach requires that the individual's degree of Indian blood as well as his tribal or government recognition as an Indian be taken into consideration. On August 2, 2005, Bybee was one of three judges on a Ninth Circuit panel that ruled on Doe v. Kamehameha Schools. With Judge Robert Beezer, Bybee voted for the majority decision that the schools' admissions policy constitutes "unlawful race discrimination." The two judges said the private school's policy violates federal civil rights law. Susan Graber issued a partial dissent. That panel's ruling was overturned on December 5, 2006, by an 8–7 decision of the Ninth