|Judge of the United States Court of Appeals for the Federal Circuit
May 25, 2000
|Glenn L. Archer Jr.
Timothy Belcher Dyk
|Ruth Dyk (mother)
|Harvard University (AB,JD)
Timothy Belcher Dyk (born February 14,1937) is a United States circuit judge of the United States Court of Appeals for the Federal Circuit.
The son of noted women's suffragist and psychologist Ruth Belcher Dyk,and Walter Dyk who studied and wrote about the Navajo Indians, Dyk was born in Boston,Massachusetts. He earned his Artium Baccalaureus degree cum laude from Harvard College in 1958,and earned his Juris Doctor magna cum laude in 1961 from the Harvard Law School,where he was a member of the law review.
Dyk clerked for retired United States Supreme Court Justices Stanley Forman Reed and Harold Hitz Burton in 1961 and 1962,and clerked for Supreme Court Chief Justice Earl Warren from 1962 to 1963. While clerking for Chief Justice Warren,Dyk came across a handwritten pro se petition for a writ of certiorari from a prisoner in Florida named Clarence Earl Gideon asserting that the trial court had improperly denied his constitutional right to a lawyer.Chief Justice Warren had specifically instructed Dyk to look out for a case raising the right-to-counsel issue. The Supreme Court heard the case,and in March 1963 issued its landmark opinion in Gideon v. Wainwright ,which established that the U.S. Constitution provides indigent defendants with the right to have the assistance of a lawyer.
From 1963 until 1964,Dyk completed a one-year assignment with the United States Department of Justice as Special Assistant to the then Assistant Attorney General,Tax Division,Louis F. Oberdorfer.
Dyk worked in private practice as an attorney in Washington,D.C.,from 1964 until 2000,first with Wilmer,Cutler &Pickering,where he became a partner,and later with Jones,Day,Reavis &Pogue,where he was chair of the Issues and Appeals practice. He was a lecturer at the Georgetown University Law Center in 1983,1986,and 1989,a visiting professor and lecturer at the University of Virginia School of Law from 1984 to 1985 and from 1987 to 1988,and was also a lecturer at Yale Law School in 1986,1987,and 1989.
Immediately prior to being nominated to the Federal Circuit in 1998,Dyk was a partner at Jones Day,specializing in First Amendment law. One case saw Dyk arguing for the release to the public of the cockpit recordings of the Space Shuttle Challenger disaster.In an August 4,1997,article in The Washington Post ,Dyk was identified as one of "only a handful of repeat performers considered heavyweights" in representing clients before the United States Supreme Court. Dyk also made the news in the early and mid-1990s for his desire to open federal courtrooms to news media organizations. After the Judicial Conference of the United States voted on September 20,1994,to keep cameras out of federal courtrooms by ending a pilot program that had allowed cameras at civil trials and appeals in eight courts,Dyk told the Washington Post that "they appear to have slammed the door on a very important experiment,which,if it had been expanded,would have benefited people throughout the country."
On April 6,1998,President Bill Clinton nominated Dyk to a seat on the United States Court of Appeals for the Federal Circuit vacated by Judge Glenn L. Archer Jr. With the United States Senate controlled by Republicans,Dyk's nomination languished for more than two years. The delay was due in part to some Republican Senators' views that the Federal Circuit did not need another judge. Dyk was confirmed by the Senate by a 74–25 vote on May 24,2000.He received his commission on May 25,2000. As of 2016,Dyk has written over 400 precedential majority decisions and over 170 non-precedential majority decisions for the Federal Circuit,and over 50 precedential majority decisions for the First Circuit,where he has sat by designation. Dyk has also sat by designation as a trial judge in the Eastern District of Texas and the District of Delaware.
Dyk's wife,Sally Katzen,was the Administrator of the Office of Information and Regulatory Affairs and the Deputy Director for Management,Office of Management and Budget during the Clinton administration,and is currently a Professor of Practice and Distinguished Scholar in Residence as well as the Co-Director of the Legislative and Regulatory Process Clinic at New York University School of Law.
In the United States,a state supreme court is the highest court in the state judiciary of a U.S. state. On matters of state law,the judgment of a state supreme court is considered final and binding in both state and federal courts.
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all federal court cases,and over state court cases that involve a point of U.S. Constitutional or federal law. It also has original jurisdiction over a narrow range of cases,specifically "all Cases affecting Ambassadors,other public Ministers and Consuls,and those in which a State shall be Party." The court holds the power of judicial review,the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However,it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones,but has ruled that it does not have power to decide non-justiciable political questions.
The United States courts of appeals are the intermediate appellate courts of the United States federal judiciary. The courts of appeals are divided into 13 "Circuits". Eleven of the circuits are numbered "First" through "Eleventh" and cover geographic areas of the United States and hear appeals from the U.S. district courts within their borders. The District of Columbia Circuit covers only Washington,DC. The Federal Circuit hears appeals from federal courts across the United States in cases involving certain specialized areas of law. The courts of appeals also hear appeals from some administrative agency decisions and rulemaking,with by far the largest share of these cases heard by the D.C. Circuit. Appeals from decisions of the courts of appeals can be taken to the U.S. Supreme Court.
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