Kyle Duncan

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Kyle Duncan
Judge of the United States Court of Appeals for the Fifth Circuit
Assumed office
May 1, 2018
Appointed byDonald Trump
Preceded byW. Eugene Davis
Personal details
Born
Stuart Kyle Duncan

1972 (age 45–46)
Baton Rouge, Louisiana, U.S.
EducationLouisiana State University (BA, JD)
Columbia Law School (LLM)

Stuart Kyle Duncan (born 1972) is a United States Circuit Judge of the United States Court of Appeals for the Fifth Circuit.

Biography[edit]

Duncan received his Bachelor of Arts summa cum laude from Louisiana State University and his Juris Doctor from the Paul M. Hebert Law Center at Louisiana State University, where he was inducted into the Order of the Coif and served as executive senior editor of the Louisiana Law Review. Duncan subsequently earned a Master of Laws from Columbia Law School.[1][2]

After graduating from law school, Duncan clerked for Louisiana-based Circuit Judge John Malcolm Duhé Jr. of the United States Court of Appeals for the Fifth Circuit.[2]

From 2008–2012, Duncan served as Appellate Chief for Louisiana's Attorney General's office. Some media have incorrectly stated that Duncan served as Solicitor General of Louisiana during his time at the Attorney General's office, but the title of Solicitor General did not yet exist during the time that Duncan worked there.[3] From 2012–2014, Duncan served as general counsel of the Becket Fund for Religious Liberty, where he managed Becket's nationwide public-interest litigation.[4] He has been a member of the Federalist Society since 2012.[5]

Duncan spent four years as an assistant professor of law at the University of Mississippi Law School. He also spent two years as an associate-in-law at Columbia University Law School, three years as an Assistant Solicitor General in the Office of the Solicitor General in the Texas Attorney General's Office, and one year in the appellate practice group at Vinson & Elkins LLP.[4]

Duncan has argued two cases before the Supreme Court of the United States, and has acted as lead counsel in numerous other cases in that Court, including Burwell v. Hobby Lobby Stores, Inc., 134 S.Ct. 2751 (2014), in which he successfully led litigation challenging the Affordable Care Act's contraceptive mandate on behalf of Hobby Lobby stores.[1]

Before becoming a judge, Duncan practiced at the Washington, D.C. firm of Schaerr Duncan LLP, where he was a partner alongside Gene Schaerr and Stephen S. Schwartz.

Federal judicial service[edit]

On September 28, 2017, President Donald Trump announced his intent to nominate Duncan to an undetermined seat on the United States Court of Appeals for the Fifth Circuit.[1] On October 2, 2017 he was officially nominated to serve as a United States Circuit Judge of the United States Court of Appeals for the Fifth Circuit, to the seat vacated by Judge W. Eugene Davis, who took senior status on December 31, 2016.[6] On November 29, 2017, a hearing was held on his nomination before the Senate Judiciary Committee.[7]

On January 3, 2018, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the United States Senate.[8] On January 5, 2018, President Donald Trump announced his intent to renominate Duncan to a federal judgeship.[9] On January 8, 2018, his renomination was sent to the Senate.[10] On January 18, 2018, his nomination was reported out of committee by a party-line 11–10 vote.[11]

U.S. Representative Colleen Hanabusa (D-Hawaii) co-signed a letter with 62 colleagues urging Senate leadership to reject his nomination because of his public stances on LGBT issues, including opposition to same-sex marriage and transgender-inclusive bathroom policies.[12]

On April 23, 2018, the Senate voted to invoke cloture on Duncan's nomination by a vote of 50–44.[13] On April 24, 2018, his nomination was confirmed by a vote of 50–47.[14] He received his judicial commission on May 1, 2018.

References[edit]

  1. ^ a b c President Donald J. Trump Announces Eighth Wave of Judicial Candidates" White House, September 28, 2017 This article incorporates text from this source, which is in the public domain.
  2. ^ a b Broach, Drew (September 29, 2017). "Meet the newest judge nominees for New Orleans federal courts". The Times-Picayune. Retrieved December 21, 2017.
  3. ^ "Kyle Duncan, nominee for the U.S. 5th Circuit, says he held a prominent, historic job in Louisiana. There's just one small problem. – The Bayou Brief". www.bayoubrief.com.
  4. ^ a b "Kyle Duncan – Nominee to the U.S. Court of Appeals for the Fifth Circuit". Vetting Room. November 27, 2017. Retrieved December 21, 2017.
  5. ^ "Questionnaire for Judicial Nominees" (PDF). judiciary.senate.gov. Retrieved June 30, 2018.
  6. ^ ""Eight Nominations Sent to the Senate Today" White House, October 2, 2017".
  7. ^ "Nominations – United States Senate Committee on the Judiciary". www.judiciary.senate.gov.
  8. ^ "Congressional Record". www.congress.gov.
  9. ^ "President Donald J. Trump Announces Renomination of 21 Judicial Nominees".
  10. ^ "Nominations Sent to the Senate Today".
  11. ^ "Results of Executive Business Meeting – January 18, 2018, Senate Judiciary Committee" (PDF).
  12. ^ "Rep. Hanabusa Opposes Judicial Confirmation of Anti-LGBT Nominee". Maui, Hawaii: Big Island Now. March 8, 2018.
  13. ^ "U.S. Senate: U.S. Senate Roll Call Votes 115th Congress – 2nd Session". United States Senate.
  14. ^ "U.S. Senate: U.S. Senate Roll Call Votes 115th Congress – 2nd Session". United States Senate.

External links[edit]

Legal offices
Preceded by
W. Eugene Davis
Judge of the United States Court of Appeals for the Fifth Circuit
2018–present
Incumbent