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: CS1 maint: archived copy as title (link)Timothy Tymkovich | |
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Judge of the United States Foreign Intelligence Surveillance Court of Review | |
Assumed office November 1, 2023 | |
Appointed by | John Roberts |
Preceded by | David B. Sentelle |
Chief Judge of the United 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 the United States Court of Appeals for the Tenth Circuit | |
Assumed office April 1,2003 | |
Appointed by | George W. Bush |
Preceded by | John Carbone Porfilio |
Solicitor General of Colorado | |
In office 1991–1996 | |
Attorney General | Gale Norton |
Personal details | |
Born | Timothy Michael Tymkovich November 2,1956 Denver,Colorado,U.S. |
Education | Colorado College (BA) University of Colorado (JD) |
Timothy Michael Tymkovich (born November 2,1956) is an American lawyer who has served as a United States circuit judge of the United 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 Justice John Roberts to serve as a judge of the United States Foreign Intelligence Surveillance Court of Review.
Born in Denver,Colorado,Tymkovich is a third-generation Coloradan. His great-grandfather emigrated from Ukraine to the United States via Ellis Island and worked as a miner.
Tymkovich graduated from Colorado College in 1979 with a Bachelor of Arts. He then attended the University of Colorado Law School,where he was an editor of the University of Colorado Law Review. He graduated in 1982 with a Juris Doctor degree.
After law school,Tymkovich was a law clerk for chief justice William Erickson of the Colorado Supreme Court from 1982 to 1983. From 1983 to 1991,Tymkovich worked in private practice in Denver and Washington,D.C. In 1991,Colorado Attorney General Gale Norton appointed him Solicitor General of the State of Colorado.
Tymkovich served in that position until 1996,arguing several cases in front of the Supreme Court of the United States. Most notably,in Romer 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's Equal Protection Clause. He then returned to private practice in Denver.
President George 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 Judge John Carbone Porfilio,who assumed senior status. President Bill Clinton had nominated Christine Arguello to the seat,but she never received a hearing or a vote from the United 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 colleague Neil Gorsuch were named as possible U.S. Supreme Court nominees by Republican presidential candidate Donald Trump. [4] In 2018,Tymkovich was tasked with reviewing more than a dozen ethics complaints filed against U.S. Supreme Court Justice Brett 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 Justice John Roberts to serve as a judge of the United 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 of District of Columbia v. Heller (2008). But the Tenth Circuit affirmed the conviction after noting the statement in Heller 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 the Americans 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 the Eleventh 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 the Stolen 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 the First Amendment does not protect knowingly false statements of fact. In United 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 corporations Hobby Lobby and Mardel Christian Bookstores could assert religious freedom as "persons" under the Religious Freedom Restoration Act. [9] Judge Tymkovich wrote for the five-judge en banc majority,over a three-judge dissent. [10] The decision was upheld by a five-justice majority of the U.S. Supreme Court in Burwell v. Hobby Lobby Stores,Inc. (2014).[ citation needed ]
Endrew F. v. Douglas County School Dist. RE–1 ,798 F.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 of Free Appropriate Public Education (FAPE) under the Individuals 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 per Board 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]
Emilio Miller Garza is a former United States circuit judge of the United States Court of Appeals for the Fifth Circuit and former United States District Judge of the United States District Court for the Western District of Texas.
William Holcombe Pryor Jr. is an American lawyer who has served as the chief judge of the United States Court of Appeals for the Eleventh Circuit since 2020. He was appointed as a United States circuit judge of the court by President George W. Bush in 2004. He is a former commissioner of the United States Sentencing Commission. Previously,he was the attorney general of Alabama,from 1997 to 2004.
Diane Schwerm Sykes is an American jurist and lawyer who serves as the chief judge of the U.S. Court of Appeals for the Seventh Circuit. She served as a justice of the Wisconsin Supreme Court from 1999 to 2004.
David Bryan Sentelle is a Senior United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit. He previously was a U.S. district judge on the United States District Court for the Western District of North Carolina from 1985 to 1987.
Milan Dale Smith,Jr. is an American attorney and jurist serving as a United States circuit judge of the United States Court of Appeals for the Ninth Circuit. Smith's brother,Gordon H. Smith,was a Republican U.S. Senator from 1997 to 2009. Milan Smith is neither a Republican nor a Democrat,and he considers himself to be a political independent.
Harris L Hartz is an American jurist and lawyer who serves as a federal judge on the U.S. Court of Appeals for the Tenth Circuit.
Stephen Roy Reinhardt was a United States circuit judge of the United States Court of Appeals for the Ninth Circuit,with chambers in Los Angeles,California. He was the last federal appeals court judge in active service to have been appointed to his position by President Jimmy Carter.
Bruce Marshall Selya is a senior United States circuit judge of the United States Court of Appeals for the First Circuit and former chief judge of the United States Foreign Intelligence Surveillance Court of Review who is known for his distinctive writing style.
Neil McGill Gorsuch is an American jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President Donald Trump on January 31,2017,and has served since April 10,2017.
Thomas Lee Ambro is a Senior United States circuit judge of the United States Court of Appeals for the Third Circuit.
Jerry Edwin Smith is an American attorney and jurist serving as a United States circuit judge of the United States Court of Appeals for the Fifth Circuit.
Brett Michael Kavanaugh is an American lawyer and jurist serving as an associate justice of the Supreme Court of the United States. He was nominated by President Donald Trump on July 9,2018,and has served since October 6,2018. He was previously a U.S. circuit judge of the U.S. Court of Appeals for the District of Columbia Circuit from 2006 to 2018.
Amul Roger Thapar is an American attorney and jurist serving as a United States circuit judge of the United States Court of Appeals for the Sixth Circuit. He previously served as a U.S. district judge of the United States District Court for the Eastern District of Kentucky from 2008 to 2017 and as the United States Attorney for the Eastern District of Kentucky from 2006 to 2008. Thapar was President Donald Trump's first Court of Appeals appointment and Trump's second judicial appointment after Justice Neil Gorsuch. Thapar was discussed as a candidate for the Supreme Court of the United States.
Stephanos Bibas is an American lawyer and jurist who serves as a circuit judge on the U.S. Court of Appeals for the Third Circuit. Before his appointment to the bench,Bibas was a professor of law and criminology at the University of Pennsylvania Law School,where he also served as director of its Supreme Court clinic.
Barbara Lagoa is an American attorney and jurist serving as a United States circuit judge of the United States Court of Appeals for the Eleventh Circuit. Prior to becoming a federal judge,she was the first Latina and Cuban American woman appointed to serve as a justice of the Supreme Court of Florida.
Meyer v. Grant,486 U.S. 414 (1988),was an important decision by the United States Supreme Court on paid petition circulation. Colorado was one of several states with a process for citizens to propose initiatives for the ballot,which if passed became law. One of the requirements was to get the signatures of a significant number of registered Colorado electors. Colorado prohibited initiative sponsors from paying for the circulation of these petitions. The state argued this was necessary to "protect[...] the integrity of the initiative."
With the advice and consent of the United States Senate,the president of the United States appoints the members of the Supreme Court of the United States,which is the highest court of the federal judiciary of the United States. Following his victory in the 2016 presidential election,Republican Donald Trump took office as president on January 20,2017,and faced an immediate vacancy on the Supreme Court due to the February 2016 death of Associate Justice Antonin Scalia.
Colorado Republican Federal Campaign Committee v. FEC,518 U.S. 604 (1996),was a case heard by the Supreme Court of the United States in which the Colorado Republican Party challenged the Federal Election Commission (FEC) as to whether the "Party Expenditure Provision" of the Federal Election Campaign Act of 1971 (FECA) violated the First Amendment right to free speech. This provision put a limit on the amount of money a national party could spend on a congressional candidate's campaign. The FEC argued that the Committee violated this provision when purchasing a radio advertisement that attacked the likely candidate of the Colorado Democratic Party. The court held that since the expenditures by the committee were made independently from a specific candidate,they did not violate the campaign contribution limitations established by the FECA,and were protected under the First Amendment.
Endrew F. v. Douglas County School District RE–1,580 U.S. ___ (2017),was a United States Supreme Court case that held that the Individuals with Disabilities Education Act ("IDEA"),required schools to provide students an education that is "reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances." In a unanimous opinion written by Chief Justice John Roberts,the Court vacated the judgment of the U.S. Court of Appeals for the Tenth Circuit.
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