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Timothy Tymkovich | |
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| Judge of theUnited States Foreign Intelligence Surveillance Court of Review | |
| Assumed office November 1, 2023 | |
| Appointed by | John Roberts |
| Preceded by | David B. Sentelle |
| Chief Judge of theUnited States Court of Appeals for the Tenth Circuit | |
| In office October 1, 2015 – October 1, 2022 | |
| Preceded by | Mary Beck Briscoe |
| Succeeded by | Jerome Holmes |
| Judge of theUnited States Court of Appeals for the Tenth Circuit | |
| Assumed office April 1, 2003 | |
| Appointed by | George W. Bush |
| Preceded by | John Carbone Porfilio |
| Personal details | |
| Born | Timothy Michael Tymkovich (1956-11-02)November 2, 1956 (age 69) |
| Education | Colorado College (BA) University of Colorado, Boulder (JD) |
Timothy Michael Tymkovich (born November 2, 1956) is an American lawyer who has served as aUnited States circuit judge of theUnited States Court of Appeals for the Tenth Circuit since 2003; serving as chief judge from 2015 to 2022. In November 2023, he was designated by Chief JusticeJohn Roberts to serve as a judge of theUnited States Foreign Intelligence Surveillance Court of Review.
Born inDenver,Colorado, Tymkovich is a third-generation Coloradan. His great-grandfather emigrated fromUkraine to the United States viaEllis Island and worked as a miner.
Tymkovich graduated fromColorado College in 1979 with aBachelor of Arts. He then attended theUniversity of Colorado Law School, where he was an editor of theUniversity of Colorado Law Review. He graduated in 1982 with aJuris Doctor degree.
After law school, Tymkovich was alaw clerk for chief justice William Erickson of theColorado Supreme Court from 1982 to 1983. From 1983 to 1991, Tymkovich worked in private practice in Denver andWashington, D.C. In 1991,Colorado Attorney GeneralGale Norton appointed himSolicitor General of the State of Colorado.
Tymkovich served in that position until 1996, arguing several cases in front of theSupreme Court of the United States. Most notably, inRomer v. Evans (1996), he unsuccessfully argued that Colorado's Amendment 2 (which revoked local legal protections for members of the LGBT community) was not unconstitutional under the Fourteenth Amendment'sEqual Protection Clause. He then returned to private practice in Denver.
PresidentGeorge W. Bush initially nominated Tymkovich to the seat on the Tenth Circuit on May 25, 2001, and renominated him on January 7, 2003. He was nominated to a seat vacated by JudgeJohn Carbone Porfilio, who assumedsenior status. PresidentBill Clinton had nominatedChristine Arguello to the seat, but she never received a hearing or a vote from theUnited States Senate. The Senate confirmed Tymkovich on April 1, 2003, by a 58–41 vote.[1] He received his commission the same day.[2] He was the chief judge from October 1, 2015, to October 1, 2022.[2][3]
In September 2016, Tymkovich and his circuit colleagueNeil Gorsuch were named as possible U.S. Supreme Court nominees by Republican presidential candidateDonald Trump.[4] In 2018, Tymkovich was tasked with reviewing more than a dozen ethics complaints filed against U.S. Supreme Court JusticeBrett Kavanaugh.[5]
In 2001, Kavanaugh had helped lobby for Tymkovich to be appointed as a federal judge.[5]
On November 1, 2023, he was designated by Chief JusticeJohn Roberts to serve as a judge of theUnited States Foreign Intelligence Surveillance Court of Review.[6]
United States v. McCane, 573 F.3d 1037 (10th Cir. 2009): Markice McCane was convicted of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). On appeal, he contended that the felon-in-possession statute was unconstitutional in light ofDistrict of Columbia v. Heller (2008). But the Tenth Circuit affirmed the conviction after noting the statement inHeller that "nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons."[7] In a concurring opinion, Judge Tymkovich expressed concern that the statement "short-circuits at least some of the analysis and refinement that would otherwise take place in the lower courts," particularly since the statement was based on a possibly questionable premise—that the felon-in-possession prohibition was longstanding.[citation needed]
Guttman v. Khalsa, 669 F.3d 1101 (10th Cir. 2012): Dr. Stuart Guttman brought suit under Title II of theAmericans with Disabilities Act of 1990 after the New Mexico Board of Medical Examiners revoked his medical license. In an opinion written by Judge Tymkovich, the Tenth Circuit held that theEleventh Amendment protected States from lawsuits based on professional licensing decisions.[citation needed]
United States v. Strandlof, 667 F.3d 1146 (10th Cir. 2012): Rick Glen Strandlof was convicted of violating theStolen Valor Act of 2005, 18 U.S.C. § 704(b), which makes it illegal to falsely claim to have received a military award or honor. In an opinion written by Judge Tymkovich, the Tenth Circuit held that theFirst Amendment does not protect knowingly false statements of fact. InUnited States v. Alvarez (2012), a plurality of the Supreme Court held that the Act was unconstitutional, although a majority of justices held that lies about easily verifiable facts (e.g., receiving military honors) are outside the core of First Amendment protection.[8]
Hobby Lobby Stores v. Sebelius, 723 F.3d 1114 (10th Cir. 2013): The court found for-profit corporationsHobby Lobby and Mardel Christian Bookstores could assert religious freedom as "persons" under theReligious Freedom Restoration Act.[9] Judge Tymkovich wrote for the five-judgeen banc majority, over a three-judge dissent.[10] The decision was upheld by a five-justice majority of the U.S. Supreme Court inBurwell v. Hobby Lobby Stores, Inc. (2014).[citation needed]
Endrew F. v. Douglas County School Dist. RE–1, 798F.3d 1329 (10th Cir. 2015):[11] In a case where the parents of Endrew F., a child with autism, appealed to the court in an effort to be reimbursed for private school tuition resulting from lack ofFree Appropriate Public Education (FAPE) under theIndividuals with Disabilities Education Act (IDEA) their school district gave their child, the court ruled in an opinion by Tymkovich that Endrew had received "some educational benefit" (as perBoard of Education v. Rowley) and had thus received FAPE and did not qualify for reimbursement. This case was successfully appealed to the Supreme Court; the justices found that the way in which the 10th Circuit determined whether Endrew had received FAPE was wrong, remanding the case back to the lower courts for review.[12]
{{cite web}}: CS1 maint: archived copy as title (link)| Legal offices | ||
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| Preceded by | Judge of theUnited States Court of Appeals for the Tenth Circuit 2003–present | Incumbent |
| Preceded by | Chief Judge of theUnited States Court of Appeals for the Tenth Circuit 2015–2022 | Succeeded by |
| Preceded by | Judge of theUnited States Foreign Intelligence Surveillance Court of Review 2023–present | Incumbent |
| International | |
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| National | |
