On August 2, 2005, Bybee was one of three judges on a Ninth Circuit panel that ruled on "John 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 Circuit's fully active appeals judges "en banc", after a rehearing sought by Kamehameha Schools.