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After Waiting Seven Months: Kyle Duncan Confirmed as Judge to Fifth Circuit Court

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Kyle Duncan, President Trump’s nominee for the Fifth Circuit Court of Appeals, was confirmed to a lifetime seat by the Senate Tuesday over objections by Democrats and liberal groups.

The Baton Rouge native was confirmed by a vote of 50 – 47 after waiting for seven months following his nomination as a judge to the court.  Sen. Joe Manchin, D-W. Virginia was the only Democrat to cross party lines and vote to confirm him.

Duncan, 46, has argued several high-profile cases before the United States Supreme Court. Here are just a few examples:

He served as the lead counsel in the case brought by retailer Hobby Lobby whose ruling held that the Affordable Care Act violated the Religious Freedom Restoration Act by requiring companies to provide contraceptives to their employers.

In the case of Whole Women’s Health v. Hellersteadt, Duncan co-authored an amicus brief (a letter of interest from a jurist not assigned to that case) supporting a Texas law that would require abortion facilities to provide ambulatory care for women who suffer botched abortions.

In G.G. v Gloucester County School Board, he argued that students should not be allowed to use restrooms that do not fit their biologically-assigned s3x.

Duncan’s senator from his home state of Louisiana, Sen. Bill Cassidy (R-LA), praised the new judge in a statement Tuesday.

“This is a wonderful moment for Kyle and his family, but it’s an even better moment for Louisiana and our country,” he said. “Kyle is the first federal appeals judge from Louisiana confirmed under President Trump, and he’s a top-notch lawyer who is committed to defending the Constitution. I’m glad he will soon take his seat on the bench.”

Tony Perkins, the president of the Family Research Council, believes Duncan will follow the Constitution.

“I have known Kyle Duncan for a number of years going back to my time in state government in Louisiana. Kyle is an experienced litigator — arguing cases throughout the country including at the appellate and Supreme Court levels. In addition to being well-qualified, I am confident that he will adhere to the text of the Constitution,” Perkins said in a statement.

The Fifth Circuit hears appeals from three states, Louisiana, Mississippi, and Texas.  Duncan replaces Judge Eugene Davis who retired last year.

As stated by The Advocate, Duncan is the second nominee of President Trump’s to be confirmed to a Louisiana-based federal judgeship by the United States Senate.  Terry Doughty, a north Louisiana district court judge, was confirmed 98-0 in March.

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