The U.S. Senate confirmed former Colorado solicitor general Timothy Tymkovich for the 10th circuit U.S. court of appeals in Denver on Tuesday. Tymkovich's nomination, which was confirmed by a 58-41 vote, was criticized by some gay activists and by some Democrats on the Senate Judiciary Committee because of a law journal article Tymkovich wrote after the Supreme Court overturned Colorado's antigay Amendment 2. As Colorado solicitor general, Tymkovich defended the initiative before the high court. Sen. Patrick Leahy (D-Vt.) said he had no problem with Tymkovich's advocacy of the initiative in the courts but said the law journal article went beyond legal advocacy and "seems replete with heavy antihomosexual rhetoric."
Tymkovich was among the first lawyers nominated by President Bush to an appeals court. Democrats held his nomination captive while they controlled the Senate last year, forcing the president to renominate him this year. After Bush sent Tymkovich's name back to the Senate, the Judiciary Committee approved his nomination this month on a party-line 10-6 vote. The 10th circuit hears appeals from Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming.