Timothy Tymkovich

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Timothy Tymkovich
Image of Timothy Tymkovich

Nonpartisan

United States Court of Appeals for the 10th Circuit
Tenure

2003 - Present

Years in position

21

Education

Bachelor's

Colorado College, 1979

Law

University of Colorado School of Law, 1982

Personal
Birthplace
Denver, Colo.


Timothy M. Tymkovich is a federal judge for the United States Court of Appeals for the 10th Circuit. He joined the court in 2003 after being nominated by President George W. Bush. He was elevated to chief judge in October 2015.[1][2]

Tymkovich was included on President Donald Trump’s (R) June 2018 list of 25 potential Supreme Court nominees to replace Justice Anthony Kennedy on the court. Trump first released such a list during his 2016 presidential campaign and stated, “This list is definitive and I will choose only from it in picking future Justices of the United States Supreme Court.”[3][4]

Early life and education

Born in Denver, Colorado, Tymkovich graduated from Colorado College with his B.A. in 1979 and from the University of Colorado Law School with his J.D. in 1982.[2]

Professional career

  • 2015 - 2022: Chief judge

Judicial career

Tenth Circuit Court of Appeals

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: Timothy M. Tymkovich
Court: United States Court of Appeals for the 10th Circuit
Progress
Confirmed 676 days after nomination.
ApprovedANominated: May 25, 2001
ApprovedAABA Rating: Substantial Majority Qualified, Minority Not Qualified
Questionnaire:
ApprovedAHearing: February 12, 2003
Hearing Transcript: Hearing Transcript
QFRs: (Hover over QFRs to read more)
ApprovedAReported: March 6, 2003 
ApprovedAConfirmed: April 1, 2003
ApprovedAVote: 58-41
DefeatedAReturned: August 3, 2001
November 20, 2002

Tymkovich was first nominated to the United States Court of Appeals for the 10th Circuit by President George W. Bush on May 25, 2001, to a seat vacated by Judge John Porfilio, who assumed senior status. Under Rule XXXI, paragraph six, of the standing rules of the U.S. Senate, Tymkovich's nomination was returned to the president on August 3, 2001. President Bush resubmitted Tymkovich's nomination on September 4, 2001. On November 20, 2002, under Rule XXXI, paragraph six, of the standing rules of the U.S. Senate, Tymkovich's nomination was returned to the president. President resubmitted Tymkovich's nomination again on January 7, 2003. The American Bar Association rated Tymkovich Substantial Majority Qualified, Minority Not Qualified in both the 107th and the 108th Congress.[5][6] Hearings on Tymkovich's nomination were held before the United States Senate Committee on the Judiciary on February 12, 2003, and his nomination was reported by U.S. Sen. Orrin Hatch (R-Utah) on March 6, 2003. Tymkovich was confirmed on a recorded 58-41 vote of the U.S. Senate on April 1, 2003, and he received his commission the same day. Tymkovich has served as chief judge of the Tenth Circuit since October 2015.[2][1][7][8][9]

Possible Donald Trump nominee to the U.S. Supreme Court

See also: Possible nominees to replace Anthony Kennedy on the United States Supreme Court
See also: Process to fill the vacated seat of Justice Antonin Scalia

2018

Tymkovich was listed by President Donald Trump (R) as a potential Supreme Court nominee to replace Justice Anthony Kennedy. Kennedy announced he would retire from the court effective July 31, 2018.[10] Trump ultimately chose Brett Kavanaugh as the nominee. Click here to learn more.

2017

On November 17, 2017, Tymkovich was included in a third list of individuals from which President Donald Trump would choose to fill vacancies on the U.S. Supreme Court.

A White House statement announcing the nominees stated,[11]

“

One year ago, President Donald J. Trump was elected to restore the rule of law and to Make the Judiciary Great Again. Following the successful confirmation of Justice Neil M. Gorsuch to the Supreme Court of the United States and the nomination of more than seventy Federal judges—including five individuals from his Supreme Court list—President Trump today announced that he is refreshing his Supreme Court list with five additional judges. President Trump will choose a nominee for a future Supreme Court vacancy, should one arise, from this updated list of 25 individuals. The President remains deeply committed to identifying and selecting outstanding jurists in the mold of Justice Gorsuch. These additions, like those on the original list released more than a year ago, were selected with input from respected conservative leaders.[12]

”

Noteworthy cases

Tenth Circuit rules in favor of Hobby Lobby in ACA case (2013)
See also: United States Court of Appeals for the 10th Circuit (Hobby Lobby Stores, Inc. et al. v. Kathleen Sebelius et al., No. 12-6294V)

On June 27, 2013, the full Tenth Circuit Court of Appeals reversed a panel decision of the same court in ruling that Hobby Lobby Stores, a closely-held corporation under Oklahoma law, was a person under the Religious Freedom Restoration Act (RFRA) and had protected rights of religious exercise under the Free Exercise Clause. The case was brought by the company pursuant to regulations instituted by the U.S. Department of Health and Human Services (HHS) under the Patient Protection and Affordable Care Act that mandated contraceptive coverage for employees. In his opinion for the court, Judge Timothy Tymkovich held that Hobby Lobby "had established a likelihood of success on their RFRA claim because the contraceptive mandate substantially burdened their exercise of religion and HHS had not demonstrated a compelling interest in enforcing the mandate against them. In a 2014 opinion of the U.S. Supreme Court, Judge Tymkovich's ruling was upheld in a 5-4 decision.[13]

For more, see Burwell v. Hobby Lobby
For more, see BP's overview of the Patient Protection and Affordable Care Act

See also

External links


Footnotes

  1. ↑ 1.0 1.1 The Colorado Statesman, "Tymkovich elevated to chief judge of 10th Circuit Court of Appeals," October 8, 2015 (subscription required)
  2. ↑ 2.0 2.1 2.2 2.3 Federal Judicial Center, "Biographical directory of federal judges," accessed August 15, 2016
  3. ↑ CBS News, "Trump says Justice Kennedy's replacement will come from list of 25," June 27, 2018
  4. ↑ FindLaw, "Trump Revises His Supreme Court Picks," September 26, 2016
  5. ↑ American Bar Association, "Ratings of Article III judicial nominees, 107th Congress," accessed August 15, 2016
  6. ↑ American Bar Association, "Ratings of Article III judicial nominees, 108th Congress," accessed August 15, 2016,
  7. ↑ United States Congress, "PN 482 - Timothy M. Tymkovich - The Judiciary," accessed August 15, 2016
  8. ↑ United States Congress, "PN 891 - Timothy M. Tymkovich - The Judiciary," accessed August 15, 2016
  9. ↑ United States Congress, "PN 16 - Timothy M. Tymkovich - The Judiciary," accessed August 15, 2016
  10. ↑ CBS News, "Trump says Justice Kennedy's replacement will come from list of 25," June 27, 2018
  11. ↑ The White House, "President Donald J. Trump Announces Five Additions to Supreme Court List," November 17, 2017
  12. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  13. ↑ Supreme Court of the United States, Burwell, Secretary of Health and Human Services, et al. v. Hobby Lobby Stores, Inc., et al., June 30, 2014

Political offices
Preceded by
- 		United States Court of Appeals for the 10th Circuit
2003-Present		 Succeeded by
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