Law & the Courts

Who is Kyle Duncan?

Kyle Duncan is President Trump’s nominee to the U.S. Court of Appeals for the Fifth Circuit from Louisiana.

Age: 45 (approximate)

Current Position: Partner, Schaerr/Duncan LLP (Washington, D.C.)

Education:

  • J.D., Louisiana State University (1997)

  • LL.M., Columbia University (2004)

Judicial Clerkships: Judge John M. Duhé, Jr. of the U.S. Court of Appeals for the Fifth Circuit

Experience:

  • 1999-2002: Assistant Solicitor General, Texas Attorney General’s Office (Austin, TX)

  • 2004-2008: Assistant Professor of Law, University of Mississippi School of Law (Oxford, MS)

  • 2008-2012: Solicitor General for the State of Louisiana (Baton Rouge, LA)

  • 2012-2014: General Counsel, The Becket Fund for Religious Liberty (Washington, DC)

  • 2014-present: Partner, Schaerr/Duncan LLP (Washington, DC)

Notable matters:

  • Mr. Duncan has extensive appellate litigation experience and has has argued over 30 cases in federal and state appellate courts, including the U.S. Supreme Court, the U.S. Court of Appeals for the Fifth, Tenth, and D.C. Circuits, and the Louisiana and Texas Supreme Courts. Mr. Duncan has argued two cases before the U.S. Supreme Court.

  • In his capacity as Solicitor General for Louisiana, Mr. Duncan successfully argued Connick v. Thompson, 563 U.S. 51 (2011), in the U.S. Supreme Court, which held that the municipality could not be held liable for failure to train its prosecutors to turn over exculpatory evidence on the basis of a single proven violation of that obligation.

  • As General Counsel at The Becket Fund, Mr. Duncan was lead counsel in Burwell v. Hobby Lobby Stores, Inc. (2014), which protected the conscience rights of business owners. He also successfully defended Louisiana’s marriage laws in Robicheaux v. Caldwell in the Fifth Circuit.

  • As a partner at Share/Duncan, Mr. Duncan was counsel of record in the Gloucester County School Board v. G.G., which considered whether the Department of Education’s guidance that Title IX’s prohibition against “sex” discrimination includes “gender identity” and that a funding recipient providing sex-separated facilities, such as bathrooms and locker rooms, must allow transgender students into the bathroom or locker room of their choice. Mr. Duncan also represented North Carolina legislative leaders in connection with House Bill 2, the “bathroom bill.”

Professional Affiliations: Mr. Duncan is listed as an expert for The Federalist Society, for whom he has spoken about the Supreme Court and appellate law.

Biographical Information: Mr. Duncan is married and has four children.

Carrie Severino — Carrie Severino is chief counsel and policy director to the Judicial Crisis Network.

Most Popular

Elections

Romney Is a Misfit for America

Mitt’s back. The former governor of Massachusetts and occasional native son of Michigan has a new persona: Mr. Utah. He’s going to bring Utah conservatism to the whole Republican party and to the country at large. Wholesome, efficient, industrious, faithful. “Utah has a lot to teach the politicians in ... Read More
Law & the Courts

What the Second Amendment Means Today

The horrifying school massacre in Parkland, Fla., has prompted another national debate about guns. Unfortunately, it seems that these conversations are never terribly constructive — they are too often dominated by screeching extremists on both sides of the aisle and armchair pundits who offer sweeping opinions ... Read More
U.S.

Fire the FBI Chief

American government is supposed to look and sound like George Washington. What it actually looks and sounds like is Henry Hill from Goodfellas: bad suit, hand out, intoning the eternal mantra: “F*** you, pay me.” American government mostly works by interposition, standing between us, the free people at ... Read More
Film & TV

Black Panther’s Circle of Hype

The Marvel Cinematic Universe (MCU) first infantilizes its audience, then banalizes it, and, finally, controls it through marketing. This commercial strategy, geared toward adolescents of all ages, resembles the Democratic party’s political manipulation of black Americans, targeting that audience through its ... Read More