On the recordApril 26, 2018
this week I cast my vote in support of the nomination of Kyle Duncan to serve as a judge on the Fifth Circuit Court of Appeals. Mr. Duncan has been a successful trial and appellate attorney, as well as a law professor at the University of Mississippi School of Law. He was the assistant solicitor general for the State of Texas and the appellate chief for the State of Louisiana. He has tried cases at the State and Federal levels and has argued twice before the U.S. Supreme Court. The American Bar Association has reviewed his nomination and has rated Mr. Duncan ``well-qualified.'' Some have criticized Mr. Duncan for his work on certain high-profile cases. Nearly all nominees for the Federal courts who come before the Senate have advocated for various positions. Some of them have been involved in controversial, high-profile cases. In considering a nominee's fitness to serve on the bench, we should consider whether they have the intellect, the temperament, and the respect for precedent to fairly and faithfully uphold the law. One case that Mr. Duncan litigated has been mischaracterized in a way that suggests he is biased against the LGBT community. Mr. Duncan's opponents argue that his work in V.L. v. E.L., in which the opposing party was a lesbian, demonstrates this bias. What these critics fail to mention is that Mr. Duncan's client was also a lesbian. The matter was a custody case involving two women in a same-sex partnership.…
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