District court service On February 28, 2000, Lynch was nominated by President
Bill Clinton to a seat on the
United States District Court for the Southern District of New York vacated by
John E. Sprizzo. After Lynch was nominated to the district court in 2000, some Senate Republicans expressed concerns that he was a judicial activist, citing a previous warning in writings by Lynch warning the legal community not to overemphasize words from "18th- and 19th-century dictionaries" when interpreting the
United States Constitution. However, as part of a deal between Senate Democrats and Republicans that also paved the way for a vote to confirm Clinton's nomination of Republican
Bradley A. Smith to the
Federal Election Commission and Federal Circuit nominee
Timothy B. Dyk, Lynch was confirmed by the
United States Senate on May 24, 2000, by a 63–36 vote, and he received his commission the following day. His service as a district court judge was terminated on September 21, 2009, when he was elevated to the court of appeals. Judge Lynch is also an active participant in Legal Outreach, a non-for-profit organization in which he mentors inner-city kids in New York.
Court of appeals service On April 2, 2009, President
Barack Obama nominated Lynch to a seat on the
United States Court of Appeals for the Second Circuit vacated by Judge
Chester J. Straub, who assumed
senior status on July 16, 2008. Lynch was confirmed by the
United States Senate on September 17, 2009, by a 94–3 vote, and received his commission the following day. • On May 31, 2017, Lynch wrote an opinion for the Second Circuit in Manhattan, affirming the conviction and life sentence of
Ross William Ulbricht, a/k/a "Dread Pirate Roberts," for operating the
Silk Road (marketplace) underground website, that was responsible for the distribution of over $200 million of drugs and other contraband between 2011 and October 2013. • In 2021, Lynch wrote for a panel which reversed the Southern District of New York in
Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, holding that Warhol's use of Goldsmith's photograph of
Prince as the basis for a series of his own portraits of the musician was not sufficiently
transformative to qualify as
fair use. The Supreme Court affirmed the decision in 2023. == See also ==