Kyle Duncan (judge)
Kyle Duncan | |
---|---|
Judge of the United States Court of Appeals for the Fifth Circuit | |
Assumed office May 1, 2018 | |
Appointed by | Donald Trump |
Preceded by | W. Eugene Davis |
Personal details | |
Born | Stuart Kyle Duncan 1972 (age 51–52) Baton Rouge, Louisiana, U.S. |
Education | Louisiana State University (BA, JD) Columbia University (LLM) |
Stuart Kyle Duncan (born August 9, 1972) is a United States circuit judge of the United States Court of Appeals for the Fifth Circuit. He was appointed to the court by President Donald Trump in 2017 and confirmed in 2018.
Education
Duncan received a
Early career
After graduating from law school, Duncan clerked for Louisiana-based Circuit Judge John M. Duhé Jr. of the Fifth Circuit.[2]
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.
Duncan spent four years as an assistant professor of law at the
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.[1]
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.[1] 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.[6] On November 29, 2017, a hearing was held on his nomination before the Senate Judiciary Committee.[7] 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.[8]
On January 3, 2018, his nomination was returned to the President under
LGBT rights
Duncan often worked against LGBT groups in private practice, which led many advocacy groups to oppose his nomination for judgeship.
Duncan represented the birth mother of three children who refused to give her former same-sex spouse visitation rights to the children.[20] He represented the school board in G.G. v. Gloucester County School Board in a suit brought by a transgender student, Gavin Grimm, over bathroom access.[21] He also defended in courts North Carolina's bathroom bill that prohibited transgender students from using the bathroom that corresponded to their gender identity.[20]
While he was a judge on the Fifth Circuit, Duncan refused to identify a transgender defendant by their assumed name and preferred gender pronouns. Duncan noted, "Congress has said nothing to prohibit courts from referring to litigants according to their biological sex, rather than according to their subjective gender identity".[22][23]
Stanford Law School protest
On March 9, 2023, Duncan arrived to
Notable cases
Duncan wrote for the court in In re Larry Swearingen, No. 19-20565, denying the fourth
In United States v. Varner, Duncan denied a
Duncan penned the court's opinion in Hill v. Washburne[34] regarding Albert Hill III's challenge to the validity of his late father Albert Hill Jr.'s will. Hill III is the great-grandson of late Texas oil tycoon H.L. Hunt and had previously agreed to a nine-figure settlement in exchange for not contesting the will of his father, Hill Jr.[35] This is one of many challenges resulting from the estate of H.L. Hunt, who died in 1974, and the fifth challenge to the Hill Jr./Hill III settlement agreement.[36][37][38][34] Hill III's sisters asked the court to enforce the settlement agreement and permanently enjoin any challenges to their father's will, the district court agreed.[35] Hill III challenged the district court's injunction but Duncan and the Fifth Circuit affirmed the injunction and remanded the case to the district court to determine if Hill III's sisters are entitled to additional costs and fees.[34][39]
Duncan authored the Fifth Circuit's April 2020 opinion in In re Abbott, granting
Duncan was on the three-judge panel which halted the Biden Administration's OSHA rules mandating COVID-19 vaccinations or weekly COVID testing in the workplaces with 100 employees or more.[42] The Fifth Circuit stayed the implementation of the OSHA rules by a per curiam decision in BST Holdings, LLC v. OSHA.[43] The court stated that "[b]ecause the petitions give cause to believe there are grave statutory and constitutional issues with the Mandate, the Mandate is hereby stayed pending further action by this court."[44]
See also
References
- ^ a b c President Donald J. Trump Announces Eighth Wave of Judicial Candidates" White House, September 28, 2017 Archived January 20, 2021, at the Wayback Machine This article incorporates text from this source, which is in the public domain.
- ^ The Times-Picayune. Archivedfrom the original on December 16, 2017. Retrieved December 21, 2017.
- ^ "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. December 16, 2017. Archived from the original on December 22, 2017. Retrieved December 17, 2017.
- ^ a b "Kyle Duncan – Nominee to the U.S. Court of Appeals for the Fifth Circuit". Vetting Room. November 27, 2017. Archived from the original on December 22, 2017. Retrieved December 21, 2017.
- ^ "Questionnaire for Judicial Nominees" (PDF). judiciary.senate.gov. Archived (PDF) from the original on September 19, 2018. Retrieved June 30, 2018.
- ^ ""Eight Nominations Sent to the Senate Today" White House, October 2, 2017". Archived from the original on October 2, 2017.
- ^ "Nominations – United States Senate Committee on the Judiciary". www.judiciary.senate.gov. Archived from the original on November 23, 2020. Retrieved November 28, 2017.
- ^ "GOP Kennedy made life tough for a Trump judicial nominee". Associated Press. May 16, 2021. Archived from the original on September 10, 2022. Retrieved September 10, 2022.
- ^ "Congressional Record". www.congress.gov. Archived from the original on November 21, 2020. Retrieved January 4, 2018.
- National Archives.
- National Archives.
- ^ "Results of Executive Business Meeting – January 18, 2018" (PDF). Senate Judiciary Committee. Retrieved January 18, 2018.
- ^ "Rep. Hanabusa Opposes Judicial Confirmation of Anti-LGBT Nominee". Maui, Hawaii: Big Island Now. March 8, 2018. Archived from the original on March 9, 2018. Retrieved March 9, 2018.
- ^ Broach, Drew (April 24, 2018). "Kyle Duncan confirmed in tight Senate vote for 5th Circuit Court judgeship". nola.com. Archived from the original on May 1, 2019. Retrieved May 1, 2019.
- ^ Stole, Bryn (April 24, 2018). "Star in conservative legal circles, Baton Rouge's Kyle Duncan confirmed to Fifth Circuit Court of Appeals". Archived from the original on May 1, 2019. Retrieved May 1, 2019.
- ^ "On the Cloture Motion (Motion to Invoke Cloture on the Nomination of Stuart Kyle Duncan, of Louisiana, to be United States Circuit Judge for the Fifth Circuit)". United States Senate. Retrieved April 23, 2018.
- ^ "On the Nomination (Confirmation Stuart Kyle Duncan, of Louisiana, to be United States Circuit Judge for the Fifth Circuit)". United States Senate. Retrieved April 24, 2018.
- ^ Kyle Duncan at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
- ^ "Senate confirms LGBTQ-rights opponent to judgeship". NBC News. April 25, 2018. Retrieved March 19, 2023.
- ^ a b c d e Johnson, Chris (April 24, 2018). "Anti-LGBT Trump judicial nominee Kyle Duncan confirmed to Fifth Circuit". Washington Blade: LGBTQ News, Politics, LGBTQ Rights, Gay News. Archived from the original on July 9, 2021. Retrieved June 30, 2021.
- ISSN 0190-8286. Retrieved March 19, 2023.
- ^ "Trump-appointed judge dismisses trans defendant's chosen pronouns". www.nbcnews.com. January 16, 2020. Archived from the original on January 25, 2020. Retrieved March 11, 2022.
- ^ "A Trump-Appointed Judge Refuses to Stop Misgendering a Defendant". www.advocate.com. January 24, 2020. Archived from the original on July 9, 2021. Retrieved June 30, 2021.
- ^ "Law School activists protest Judge Kyle Duncan's visit to campus". March 11, 2023. Retrieved March 19, 2023.
- ^ Journal, A. B. A. "Stanford apologizes after conservative federal appeals judge is heckled during Federalist Society talk". ABA Journal. Retrieved March 19, 2023.
- ^ "Stanford apologizes to Judge Kyle Duncan for 'disruption'". March 12, 2023. Retrieved March 19, 2023.
- ^ "In Re: Larry Swearingen, No. 19-20565 (5th Cir. 2019)". Justia Law. Archived from the original on September 23, 2019. Retrieved September 23, 2019.
- ^ a b Jackman, Tom (August 21, 2019). "Larry Swearingen, who claimed science excluded him as killer, is executed by Texas". Washington Post. Archived from the original on September 14, 2019. Retrieved September 23, 2019.
- ^ Jackman, Tom (August 17, 2019). "Did faulty science, and bad testimony, bring Larry Swearingen to the brink of execution?". Washington Post. Archived from the original on September 14, 2019. Retrieved September 23, 2019.
- ^ a b "United States v. Norman Varner" (PDF). Archived (PDF) from the original on January 18, 2020. Retrieved January 17, 2020.
- ^ a b Fitzsimmons, Tim (January 16, 2020). "Trump-appointed judge dismisses trans defendant's chosen pronouns". NBC News. Archived from the original on January 25, 2020. Retrieved January 16, 2020.
- ^ Marcus, Ruth (January 19, 2020). "We're at war over gender pronouns. Can't we all just show some respect?". The Washington Post. Archived from the original on January 25, 2020. Retrieved January 24, 2020.
- ^ "United States v. Varner". Harvard Law Review. April 12, 2021. Archived from the original on May 19, 2021. Retrieved May 19, 2021.
- ^ a b c "Hill v. Washburne, No. 18-11633 (5th Cir. 2020)". Justia Law. Archived from the original on February 13, 2020. Retrieved February 11, 2020.
- ^ a b February 05, Angela Morris |; PM, 2020 at 05:05. "Left Nothing by Tycoon Father, Albert Hill is Now on the Hook for Hefty Attorney Fees". Texas Lawyer. Archived from the original on February 13, 2020. Retrieved February 11, 2020.
{{cite web}}
: CS1 maint: numeric names: authors list (link) - ^ "Hunt vs. Hunt: The Fight Inside Dallas' Wealthiest Family". D Magazine. February 20, 2008. Archived from the original on February 13, 2020. Retrieved February 11, 2020.
- ^ Hethcock, Bill (July 31, 2015). "Exclusive: Oil heir Al Hill III asks U.S. Supreme Court to hear $41M lawyer fee dispute". www.bizjournals.com. Archived from the original on August 3, 2015. Retrieved February 11, 2020.
- ^ Peppard, Alan (May 7, 2008). "Oil in the Family". Vanity Fair. Archived from the original on January 17, 2015. Retrieved February 11, 2020.
- ^ "Fifth Circuit Tells Albert G. Hill III to Stop Challenging His Father's Will". D Magazine. February 7, 2020. Archived from the original on February 13, 2020. Retrieved February 13, 2020.
- ^ Conradis, Brandon (April 7, 2020). "Appeals court sides with Texas on abortion restrictions amid pandemic". TheHill. Archived from the original on April 11, 2020. Retrieved April 11, 2020.
- ^ "In re Abbott". Harvard Law Review. January 11, 2021. Archived from the original on February 26, 2021. Retrieved February 18, 2021.
- ^ Kimball, Spencer (November 6, 2021). "Republican appointed judges temporarily halt Biden Covid vaccine mandate for private businesses". CNBC. Archived from the original on November 10, 2021. Retrieved November 10, 2021.
- ^ Journal, A. B. A. "5th Circuit temporarily stays OSHA's vaccine mandate for larger employers". ABA Journal. Archived from the original on November 10, 2021. Retrieved November 10, 2021.
- ^ "BST Holdings v. OSHA, No. 21-60845 (5th Cir. 2021)". Justia Law. Archived from the original on November 10, 2021. Retrieved November 10, 2021.
External links
- Kyle Duncan at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
- Kyle Duncan at Ballotpedia
- Appearances at the U.S. Supreme Court from the Oyez Project