Stuart Kyle Duncan

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Stuart Kyle Duncan
Image of Stuart Kyle Duncan

Nonpartisan

United States Court of Appeals for the 5th Circuit
Tenure

2018 - Present

Years in position

6

Education

Bachelor's

Louisiana State University, 1994

Graduate

Columbia University, 2004

Law

Louisiana State University, Paul M. Hebert Law Center, 1997

Personal
Birthplace
Baton Rouge, La.

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Stuart Kyle Duncan is a judge on the United States Court of Appeals for the 5th Circuit. He was nominated by President Donald Trump (R) on October 2, 2017, and confirmed by the U.S. Senate on April 24, 2018, on a 50-47 vote.[1][2] To see a full list of judges appointed by Donald Trump, click here.

The U.S. Court of Appeals for the 5th Circuit is one of 13 U.S. courts of appeal. They are the intermediate appellate courts of the United States federal courts. To learn more about the court, click here.

Duncan was a partner at the Washington, D.C.-based office of Schaerr Duncan LLP from 2016 to 2018.

Duncan was included on President Donald Trump’s (R) list of 20 potential U.S. Supreme Court nominees released on September 9, 2020.[3] President Trump (R) nominated Amy Coney Barrett to the seat on September 26, 2020. For more information on the 2020 Supreme Court vacancy created by the death of former Justice Ruth Bader Ginsburg on September 18, 2020, click here.

Judicial nominations and appointments

United States Court of Appeals for the 5th Circuit (2020-present)

See also: Federal judges nominated by Donald Trump

On October 2, 2017, President Donald Trump (R) nominated Duncan to a seat on the United States Court of Appeals for the 5th Circuit.[1] He was confirmed by the U.S. Senate on April 24, 2018, on a 50-47 vote.[2] Duncan received his judicial commission on May 1, 2018.[4] To read more about the federal nominations process, click here.

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: Stuart Kyle Duncan
Court: United States Court of Appeals for the 5th Circuit
Progress
Confirmed 204 days after nomination.
ApprovedANominated: October 2, 2017
ApprovedAABA Rating: Substantial Majority Well Qualified, Minority Qualified
Questionnaire: Questionnaire
ApprovedAHearing: November 29, 2017
QFRs: QFRs (Hover over QFRs to read more)
ApprovedAReported: January 18, 2018 
ApprovedAConfirmed: April 24, 2018
ApprovedAVote: 50 - 47


Confirmation vote

The U.S. Senate confirmed Duncan on April 24, 2018, on a vote of 50-47. Sen. Joe Manchin (D-W.Va.) was the only Democratic senator to vote in favor of Duncan's confirmation.[2] To see a full breakdown of the vote on the official U.S. Senate website, click here.

Duncan confirmation vote (April 24, 2018)
Party Yea Nay No vote
Electiondot.png Democratic 1 45 1
Ends.png Republican 49 0 2
Grey.png Independent 0 2 0
Total 50 47 3

Senate Judiciary Committee hearing

Hearings on Duncan's nomination before the Senate Judiciary Committee were held on November 29, 2017.[1] The committee voted to advance his nomination to the full Senate on January 18, 2018.[2]

Nomination

Duncan was nominated by President Donald Trump (R) on October 2, 2017, to a seat on the United States Court of Appeals for the 5th Circuit. He was nominated to replace Judge W. Eugene Davis, who assumed senior status on December 31, 2016.[2]

The American Bar Association rated Duncan well qualified by a substantial majority and qualified by a minority for the position.[5] To read more about ABA ratings, click here.

Education

Duncan earned his bachelor's degree, summa cum laude, from Louisiana State University. He earned his J.D. from the Paul M. Hebert School of Law at Louisiana State University in 1997. He was inducted into the Order of the Coif, a legal scholastic honor society, in law school. During his legal studies, Duncan served as the executive senior editor of the Louisiana Law Review. Duncan earned an LL.M. from Columbia University in 2004.[6]

Professional career

  • 2018-present: Judge, United States Court of Appeals for the 5th Circuit
  • 2016-2018: Co-founder and managing partner, Schaerr Duncan LLP
  • 2014-2016: Founder and managing partner, Duncan PLLC
  • 2012-2014: General counsel, The Becket Fund for Religious Liberty
  • 2008-2012: Appellate chief, Attorney General of Louisiana's Office
  • 2004-2008: Assistant professor of law, University of Mississippi School of Law
  • 2002-2004: Associate-in-law, Columbia Law School
  • 2001-2002: Associate, Weil, Gotshal & Manges LLP
  • 1999-2001: Assistant solicitor general, Attorney General of Texas' Office
  • 1998-1999: Associate, Vinson & Elkins LLP
  • 1997-1998: Law clerk to Judge John Duhe, United States Court of Appeals for the 5th Circuit[6]

About the court

Fifth Circuit
Court of Appeals
US-CourtOfAppeals-5thCircuit-Seal.png
Judgeships
Posts: 17
Judges: 17
Vacancies: 0
Judges
Chief: Jennifer Elrod
Active judges:
Dana Douglas, Stuart Kyle Duncan, Jennifer Elrod, Kurt Engelhardt, James Graves, Catharina Haynes, Stephen Higginson, James C. Ho, Edith Jones, Andrew Oldham, Irma Ramirez, Priscilla Richman, Jerry Smith, Leslie Southwick, Carl Stewart, Don Willett, Cory Wilson

Senior judges:
Rhesa Barksdale, Fortunato Benavides, Edith Clement, W. Eugene Davis, James Dennis, John Duhe, Patrick Higginbotham, E. Grady Jolly, Carolyn King, Jacques Wiener


The United States Court of Appeals for the Fifth Circuit is a federal appellate court with appellate jurisdiction. It hears appeals from all of the circuit courts within its jurisdiction and its rulings may be appealed to the Supreme Court of the United States. Appeals are heard in the John Minor Wisdom U.S. Courthouse in New Orleans, Louisiana.

The Fifth Circuit has appellate jurisdiction over cases heard in one of its subsidiary districts. These cases can include civil and criminal matters that fall under federal law. Appeals of rulings by the Fifth Circuit Court of Appeals are petitioned to the Supreme Court of the United States. Justice Samuel Alito is the circuit justice for the Fifth Circuit.

The United States Court of Appeals for the 5th Circuit has appellate jurisdiction over the district courts in the following districts:

The federal nomination process

Federal judges are nominated by the president of the United States and confirmed by the Senate. There are multiple steps to the process:

  • The president nominates an individual for a judicial seat.
  • The nominee fills out a questionnaire and is reviewed by the Senate Judiciary Committee.
  • The Senate Judiciary Committee holds a hearing with the nominee, questioning them about things like their judicial philosophy, past rulings or opinions, etc.
  • As part of this process, the committee sends a blue slip to senators from the home state in which the judicial nomination was received, allowing them to express their approval or disapproval of the nominee.
  • After the hearing, the Senate Judiciary Committee will vote to approve or return the nominee.
  • If approved, the nominee is voted on by the full Senate.
  • If the Committee votes to return the nominee to the president, the president has the opportunity to re-nominate the individual.
  • The Senate holds a vote on the candidate.
  • If the Senate confirms the nomination, the nominee receives a commission to serve a lifelong position as a federal judge.
  • If the Senate does not confirm the nomination, that nominee does not become a judge.


See also

External links

Footnotes

  1. ↑ 1.0 1.1 1.2 United States Congress, "PN 1062 — Stuart Kyle Duncan — The Judiciary," accessed October 3, 2017
  2. ↑ 2.0 2.1 2.2 2.3 2.4 Congress.gov, "PN1410 — Stuart Kyle Duncan — The Judiciary," accesssed April 25, 2018
  3. ↑ White House, "Additions to President Donald J. Trump’s Supreme Court List," September 9, 2020
  4. ↑ Federal Judicial Center, "Duncan, Stuart Kyle," accessed July 20, 2020
  5. ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees, 115th Congress," accessed November 27, 2017
  6. ↑ 6.0 6.1 Senate Judiciary Committee, "Questionnaire for judicial nominees," accessed July 20, 2020

Political offices
Preceded by
- 		United States Court of Appeals for the 5th Circuit
2018-Present		 Succeeded by
-



Louisiana courts

Federal courts:

Fifth Circuit Court of Appeals • U.S. District Court: Eastern District of Louisiana, Middle District of Louisiana, Western District of Louisiana • U.S. Bankruptcy Court: Eastern District of Louisiana, Middle District of Louisiana, Western District of Louisiana

State courts:

Louisiana Supreme Court • Louisiana Courts of Appeal • Louisiana District Courts • Louisiana City Courts • Louisiana Family Courts • Louisiana Justice of the Peace Courts • Louisiana Juvenile Courts • Louisiana Mayor’s Courts • Louisiana Municipal Courts • Louisiana Parish Courts • Louisiana Traffic Courts

State resources:

Courts in Louisiana • Louisiana judicial elections • Judicial selection in Louisiana

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