Stuart Kyle Duncan

(Redirected from Stuart Kyle Duncan )

American judge (born 1972)

Stuart Kyle Duncan (born 1972) is a United States circuit judge of the United States Court of Appeals for the Fifth Circuit . Prior to his appointment to the Fifth Circuit by President Donald Trump , Duncan was prominent for working against LGBT rights, including leading efforts against same-sex marriage.

Education

[(https://en.wikipedia.org/w/index.php?title=Kyle_Duncan_(judge)&action=edit&section=1 "Edit section: Education")
]

Duncan received a Bachelor of Arts , _summa cum laude _, from Louisiana State University and a Juris Doctor from the Paul M. Hebert Law Center , 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 .

Early career

[(https://en.wikipedia.org/w/index.php?title=Kyle_Duncan_(judge)&action=edit&section=2 "Edit section: Early career")
]

After graduating from law school, Duncan clerked for Louisiana-based Circuit Judge John M. Duhé Jr. of the Fifth Circuit.

From 2008 to 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. From 2012 to 2014, Duncan served as general counsel of the Becket Fund for Religious Liberty , where he managed Becket's nationwide public-interest litigation. He has been a member of the Federalist Society since 2012.

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.

Duncan 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.

Federal judicial service

[(https://en.wikipedia.org/w/index.php?title=Kyle_Duncan_(judge)&action=edit&section=3 "Edit section: Federal judicial service")
]

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 . On October 2, 2017, he was officially nominated to the seat vacated by Judge W. Eugene Davis , who assumed senior status on December 31, 2016. On November 29, 2017, a hearing was held on his nomination before the Senate Judiciary Committee . Louisiana senator John Kennedy initially withheld his support for Kyle Duncan to serve as a federal appeals court judge, but ended up announcing he would support Duncan and praised his performance after his confirmation hearing.

On January 3, 2018, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the United States Senate . On January 5, 2018, President Donald Trump announced his intent to renominate Duncan to a federal judgeship. On January 8, 2018, his renomination was sent to the Senate. On January 18, 2018, his nomination was reported out of committee by an 11–10 vote. Duncan's nomination was opposed by Democrats and supported by Republicans.

On April 23, 2018, the Senate invoked cloture on Duncan's nomination by a 50–44 vote. On April 24, 2018, his nomination was confirmed by a 50–47 vote. He received his judicial commission on May 1, 2018.

LGBT rights

[(https://en.wikipedia.org/w/index.php?title=Kyle_Duncan_(judge)&action=edit&section=4 "Edit section: LGBT rights")
]

Duncan often worked against LGBT groups in private practice, which led many advocacy groups to oppose his nomination for judgeship. In 2015, Duncan argued before the Supreme Court against the constitutionality of same-sex marriage. In 2021, _The Washington Blade _ characterized him as leading efforts to defend state bans on same-sex marriage. When the Supreme Court ruled in _Obergefell v. Hodges _, Duncan described the decision as an "abject failure" that "imperils civic peace", and he asserted that the decision "raises a question about the legitimacy of the court."

Duncan represented the birth mother of three children who refused to give her former same-sex spouse visitation rights to the children. He represented the school board in _[G.G. v. Gloucester County

…