U.S. Court of Appeals for the Tenth Circuit

755 F.3d 1193 (10th Cir. 2014)

Struck down Utah's ban on same-sex marriage, becoming the first federal appellate court to do so after United States v. Windsor. The court applied heightened scrutiny and found that Utah's Amendment 3 violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment.

831 F.3d 1292 (10th Cir. 2016)

Held that the National Center for Missing and Exploited Children (NCMEC) functions as a governmental entity for Fourth Amendment purposes when it opens and examines emails flagged as containing child pornography. Justice Gorsuch, then a circuit judge, wrote the opinion requiring suppression of evidence obtained without a warrant.