Timothy Tymkovich is the chief judge of the United States Court of Appeals for the Tenth Circuit. Judge Tymkovich was appointed to the bench in 2003. He previously served as Colorado Solicitor General. Judge Tymkovich is a graduate of the University of Colorado College of Law.
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Judge Tymkovich’s opinion for an en banc majority reasoned that closely held corporations could state a claim under the Religious Freedom Restoration Act. Justice Alito’s majority opinion in Burwell v. Hobby Lobby Stores, Inc. upheld Judge Tymkovich’s logic.
Judge Tymkovich dissented from a majority opinion holding that a New Mexico ethics rule violated the Supremacy Clause. Judge Tymkovich reasoned that Congress authorized the application of the rule to all prosecutors, and Tenth Circuit precedent squarely cut off the majority’s approach.
Relying on circuit precedent, Judge Tymkovich’s majority affirmed the dismissal of a Section 1983 suit alleging multiple Fourth and Fourteenth Amendment violations. Judge Gorsuch concurred in judgment, reasoning that an original public meaning of the Fourth and Fourteenth Amendments does not support the plaintiff’s constitutional claims.