Timothy Tymkovich

Timothy Tymkovich
Chief Judge of the United States Court of Appeals for the Tenth Circuit
Incumbent
Assumed office October 1, 2015
Preceded by	Mary Briscoe
Judge of the United States Court of Appeals for the Tenth Circuit
Incumbent
Assumed office April 1, 2003
Appointed by	George W. Bush
Preceded by	John Porfilio
Personal details
Born	Timothy Michael Tymkovich November 2, 1956 Denver, Colorado, U.S.
Alma mater	Colorado College (BA) University of Colorado, Boulder (JD)

Timothy Michael Tymkovich (born November 2, 1956) is the Chief Judge of the United States Court of Appeals for the Tenth Circuit.

Background

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 received a B.A. from Colorado College in 1979 and his J.D. from the University of Colorado College of Law in 1982. He then clerked for the Hon. William Erickson, Chief Justice 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.

Tenth Circuit nomination and confirmation

President George W. Bush nominated Tymkovich to the seat on the Tenth Circuit on January 7, 2003. President Bill Clinton previously had nominated Christine Arguello for the seat, but she never received a hearing or a vote from the U.S. Senate. Tymkovich was confirmed swiftly by the United States Senate in a 58-41 vote less than two months later on April 1, 2003, and he received his commission the same day. Tymkovich replaced Judge John Carbone Porfilio, who took senior status. He became Chief Judge on October 1, 2015.^[1] In September 2016, Tymkovich and his circuit college Neil Gorsuch were named as possible U.S. Supreme Court nominees by Republican presidential candidate Donald Trump.^[2]

Notable cases

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."^[3] 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.

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.

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.^[4]

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.^[5] Judge Tymkovich wrote for the five-judge en banc majority, over a three-judge dissent.^[6] The decision was upheld by a five-justice majority of the U.S. Supreme Court in Burwell v. Hobby Lobby Stores, Inc. (2014).

References

1. "Circuit Judge Timothy Tymkovich Becomes Chief Judge". United States Court of Appeals for the Tenth Circuit. October 1, 2015. Retrieved October 29, 2015.
2. Carpentier, Megan (24 September 2016). "Trump's supreme court picks: from Tea Party senator to anti-abortion crusader". The Guardian. Retrieved 12 October 2016.
3. 128 S.Ct. at 2816-17.
4. http://www.volokh.com/2012/06/28/freedom-of-speech-and-knowing-falsehoods/
5. http://www.ca10.uscourts.gov/opinions/12/12-6294.pdf
6. Recent Cases: Tenth Circuit Holds For-Profit Corporate Plaintiffs Likely to Succeed on the Merits of Substantial Burden on Religious Claim, 127 Harv. L. Rev. 1025 (2014).

External links

• Timothy Tymkovich at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.
  
• U.S. Department of Justice Profile