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Toby J. Heytens
Judge Heytens in 2022
Judge of the United States Court of Appeals for the Fourth Circuit
Incumbent
Assumed office November 2, 2021
Appointed by	Joe Biden
Preceded by	Barbara Milano Keenan
Solicitor General of Virginia
In office January 9, 2018 – August 6, 2021
Attorney General	Mark Herring
Preceded by	Trevor S. Cox
Succeeded by	Michelle Kallen
Personal details
Born	Toby Jay Heytens (1975-12-24) December 24, 1975 (age 49) Duluth, Minnesota, U.S.
Political party	Democratic
Education	Macalester College (BA) University of Virginia (JD)

Toby Jay Heytens (born December 24, 1975) is an American attorney and law professor who is a United States circuit judge of the United States Court of Appeals for the Fourth Circuit. He served as the solicitor general of Virginia from 2018 to 2021.

Education

Heytens graduated from Macalester College in 1997 with a Bachelor of Arts. He then attended the University of Virginia School of Law, where he was an articles development editor for the Virginia Law Review. He graduated in 2000 with a Juris Doctor and membership in Order of the Coif.

Career

After graduating from law school, Heytens was a law clerk for chief judge Edward R. Becker of the United States Court of Appeals for the Third Circuit from 2000 to 2001. He was a Bristow Fellow in the Office of the Solicitor General of the United States from 2001 to 2002. From 2002 to 2003, he served as a law clerk for Associate Justice Ruth Bader Ginsburg of the Supreme Court of the United States. From 2003 to 2006, Heytens worked in the Supreme Court and appellate practice group at O'Melveny & Myers in Washington, D.C. From 2007 to 2010, he served as an assistant to the solicitor general at the United States Department of Justice.

Heytens has served as a law professor, first as a visiting assistant professor at Cornell Law School in 2005, and then at the University of Virginia School of Law as an associate professor of law from 2006 to 2007 and again from 2010 to 2014, and as a professor of law from 2014 to 2021.

Solicitor general of Virginia

On January 9, 2018, Heytens was named Solicitor General of Virginia. He served under Virginia Attorney General Mark Herring, who was reelected in 2017.

Federal judicial service

In May 2021, Heytens was named as a possible nominee for the upcoming vacancy on the U.S. Court of Appeals for the Fourth Circuit. On June 30, 2021, President Joe Biden announced his intent to nominate Heytens to serve as a United States circuit judge for the Fourth Circuit. On July 13, 2021, his nomination was sent to the Senate. President Biden nominated Heytens to the seat being vacated by Judge Barbara Milano Keenan, who subsequently assumed senior status on August 31, 2021. On July 28, 2021, a hearing on his nomination was held before the Senate Judiciary Committee. On September 23, 2021, his nomination was favorably reported by the committee by a 14–8 vote. On October 25, 2021, Majority Leader Chuck Schumer filed cloture on his nomination. On October 28, 2021, the United States Senate invoked cloture on his nomination by a 51–31 vote. On November 1, 2021, his nomination was confirmed by a 53–43 vote. He received his judicial commission on November 2, 2021. He was sworn into office on November 4, 2021, by Chief Judge Roger Gregory.

See also

• List of law clerks of the Supreme Court of the United States (Seat 6)

References

1. "United States Committee on the Judiciary Questionnaire for Judicial Nominees" (PDF). Archived (PDF) from the original on July 27, 2021. Retrieved July 27, 2021.
2. ^ "President Biden Names Fifth Round of Judicial Nominees", White House, June 30, 2021 Archived July 2, 2021, at the Wayback Machine This article incorporates text from this source, which is in the public domain.
3. ^ Toby J. Heytens at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
4. "Heytens named as solicitor general". Virginia Lawyers Weekly. January 9, 2018. Archived from the original on February 17, 2018. Retrieved January 15, 2018.
5. Green, Frank (May 24, 2021). "Senators from Virginia recommend three candidates to fill federal appeals court vacancy". Richmond Times-Dispatch. Archived from the original on May 25, 2021. Retrieved May 25, 2021.
6. ""Nominations Sent to the Senate", White House, July 13, 2021". Archived from the original on July 18, 2021. Retrieved July 13, 2021.
7. "United States Senate Committee on the Judiciary: Nominations for July 28, 2021". Archived from the original on July 27, 2021. Retrieved July 27, 2021.
8. "Results of Executive Business Meeting – September 23, 2021" (PDF). United States Senate Committee on the Judiciary. Archived (PDF) from the original on September 26, 2021. Retrieved September 23, 2021.
9. "PN806 — Toby J. Heytens — The Judiciary". Congress.gov. Archived from the original on July 7, 2023. Retrieved July 7, 2023.
10. "On the Cloture Motion (Motion to Invoke Cloture: Toby J. Heytens, of Virginia, to be U.S. Circuit Judge for the Fourth Circuit)". United States Senate. October 28, 2021. Archived from the original on February 15, 2022. Retrieved February 15, 2022.
11. "On the Nomination (Confirmation: Toby J. Heytens, of Virginia, to be United States Circuit Judge for the Fourth Circuit)". United States Senate. November 1, 2021. Archived from the original on November 2, 2021. Retrieved November 1, 2021.
12. Nelson, Shelley (November 4, 2021). "U.S. Senate confirms Superior native to federal bench". Superior Telegram. Archived from the original on November 5, 2021. Retrieved November 5, 2021.

External links

• Toby J. Heytens at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
• Appearances at the U.S. Supreme Court from the Oyez Project

• 1975 births
• Living people
• 20th-century American lawyers
• 21st-century American judges
• 21st-century American lawyers
• Cornell Law School faculty
• Judges of the United States Court of Appeals for the Fourth Circuit
• Law clerks of the Supreme Court of the United States
• Macalester College alumni
• People associated with O'Melveny & Myers
• Solicitors general of Virginia
• United States court of appeals judges appointed by Joe Biden
• United States Department of Justice lawyers
• University of Virginia School of Law alumni
• University of Virginia School of Law faculty
• Virginia lawyers