A authorized powerhouse from Louisiana with a historical past of championing non secular freedom is amongst President Donald Trump’s excellent nominees for federal judgeships.
Kyle Duncan is one among Trump’s glorious picks for the fifth U.S. Circuit Court of Appeals because the president works to reshape the federal courts by asserting slate after slate of his selections to fill greater than 160 vacancies throughout the nation. These are women and men who take the Constitution and the rule of regulation severely, and Duncan is an excellent instance.
I obtained to know Duncan when he was normal counsel of Becket Law, a nationally acknowledged public curiosity regulation agency based mostly in Washington, and I’m assured he might be a devoted and considerate jurist. He understands the right, restricted function judges ought to play in our authorities—that judges are usually not alleged to be legislators, however neutral arbiters of the regulation.
Duncan might be dedicated to deciphering the Constitution and legal guidelines based on their textual content, setting apart his private views and coverage preferences.
At Becket, Duncan fought for non secular liberty for all individuals. As the lead lawyer in Hobby Lobby’s problem to the Obamacare contraceptive mandate, he secured a giant victory for non secular freedom on the U.S. Supreme Court.
Hobby Lobby, a retail chain run by David Green and his household, sought to function in accordance with the household’s Christian religion. But Duncan didn’t signify solely Christians. He supervised Becket’s illustration of an Orthodox Jewish inmate when a jail violated his rights below the Religious Land Use and Institutionalized Persons Act, and he helped defend a mosque below the identical regulation when it confronted a discriminatory land-use regulation.
Stuart Kyle Duncan, who was born in 1972 in Baton Rouge, Louisiana, has had a distinguished authorized profession as an appellate lawyer, arguing greater than 30 instances earlier than federal and state appellate courts—together with two on the U.S. Supreme Court.
Currently a associate at Schaerr Duncan LLP in Washington, Duncan has served as counsel for events and amici in additional than 40 instances earlier than the excessive court docket. For his distinctive written advocacy there, the National Association of Attorneys General twice introduced him with its Best Brief Award.
It’s becoming that the president nominated Duncan to a fifth Circuit seat in Louisiana, the place he has deep ties. He obtained his undergraduate and regulation levels from Louisiana State University, clerked for a choose on the New Orleans-based fifth Circuit, and for 4 years was Louisiana’s first solicitor normal.
Even after beginning his regulation follow in Washington, Duncan continued to advance Louisiana’s pursuits. The state retained him time and time once more to assist defend its legal guidelines on every thing from abortion to spiritual freedom to legal offenses.
In addition to Louisiana, the fifth Circuit hears instances from Texas and Mississippi, and Duncan has ties to these states as effectively. He was assistant solicitor normal of Texas for 3 years and taught constitutional regulation, regulation and economics, admiralty regulation, and authorized ethics on the University of Mississippi School of Law.
Duncan’s document demonstrates that he’s an exceptionally certified nominee who cares an amazing deal concerning the Constitution. As Carrie Severino, chief counsel and coverage director on the Judicial Crisis Network, put it at National Review, he
is a famous person who can translate subtle arguments for most people. His knack for considerate and incisive authorized evaluation will serve him effectively on the fifth Circuit, as will his humility and integrity. Kyle is the entire bundle.
To date, the Senate has confirmed solely 13 of Trump’s excellent judicial nominees, together with Supreme Court Justice Neil Gorsuch. While Senate Majority Leader Mitch McConnell needs to be recommended for getting these judges confirmed regardless of Senate Democrats’ obstruction, there’s nonetheless loads of work to do.
The president might do no higher than nominating Kyle Duncan. Now, the Senate should work swiftly to verify him.
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