--- title: "Stuart Kyle Duncan | KnowJudges" canonical: "https://knowjudges.com/kyj/judge/stuart-kyle-duncan" page_type: "judge_profile" updated: "2026-10-07" --- # Stuart Kyle Duncan U.S. Court of Appeals for the Fifth Circuit · U.S. Circuit Judge ## Profile - Court: U.S. Court of Appeals for the Fifth Circuit - State: National federal courts - Role: U.S. Circuit Judge - Service status: active - Last verified: 2026-07-25 ## Summary Official statewide and applicable court procedural guidance applies to this judge. ## Biography ### Professional career - American judge serving on the United States Court of Appeals for the Fifth Circuit since May 1, 2018 - Judge, Court of Appeals for the Fifth Circuit, 2018-present - In summary: Stuart Kyle Duncan is a Fifth Circuit judge appointed in 2018, with a career marked by high-profile litigation, conservative legal advocacy, and public controversies that have made him a polarizing figure in U.S. legal and political discourse - Appellate chief, Office of the Attorney General, State of Louisiana, 2008-2012 - 2008–2012 — Appellate Chief, Louisiana Attorney General’s Office - Assistant professor of law, University of Mississippi School of Law, 2004-2008 - Associate-in-law, Columbia Law School, 2002-2004 - Law Clerk, Court of Appeals for the Fifth Circuit, 1997-1998 - Clerk for Fifth Circuit Judge John M. Duhé Jr - Other positions: Associate-in-law at Columbia Law School, Assistant Solicitor General in Texas Attorney General’s Office, appellate practice at Vinson & Elkins LLP - Current role: Judge, U.S. Court of Appeals for the Fifth Circuit ### Education - Columbia University in the City of New York — LL.M. (2004) - Columbia Law School — LL.M. (2004) - Louisiana State University and Agricultural & Mechanical College — J.D. (1997) - Paul M. Hebert Law Center, Louisiana State University; inducted into the Order of the Coif; executive senior editor of the Louisiana Law Review — J.D. (1997) - Louisiana State University and Agricultural & Mechanical College — B.A. (1994) - Louisiana State University, summa cum laude — B.A. (1994) ### Additional information - Nominated by President Donald Trump on January 8, 2018, to replace W. Eugene Davis - Confirmed by the Senate on April 24, 2018; commissioned May 1, 2018 - Private practice, Washington, D.C., 2014-2018 - Hobby Lobby Stores, Inc. (2014), challenging the ACA’s contraceptive mandate - General counsel, The Becket Fund for Religious Liberty, Washington, D.C., 2012-2014 - Private practice, Austin, TX, 2001-2002 - Assistant solicitor general, State of Texas, 1999-2001 - Private practice, Houston, TX, 1998-1999 - Born 1972 in Baton Rouge, Louisiana. - Date of birth: 1972-01-01 - Notable litigation: Lead counsel in Burwell v. - Birth place: Baton Rouge, LA ## Before you appear - Read the judge-specific standing order first when one is listed. - Check the docket and case orders for requirements that supersede broader guidance. - Confirm current remote-access and courtroom technology arrangements before the proceeding. ## Courtroom Rules ### appellate oral argument Scope: courtwide In federal courts of appeals, oral argument is allowed unless a three-judge panel unanimously finds one of Rule 34's specified grounds for dispensing with it; the clerk provides the date, time, place, and time allocation. Evidence excerpt: Oral argument must be allowed in every case unless a panel of three judges who have examined the briefs and record unanimously agrees that oral argument is unnecessary [Federal Rule of Appellate Procedure 34, Oral Argument](https://www.uscourts.gov/forms-rules/current-rules-practice-procedure/federal-rules-appellate-procedure) Source checked: 2026-07-26 ## Sources - [Official profile](https://www.fjc.gov/node/4517676) - [Official roster](https://www.fjc.gov/node/4517676) - [Federal Judicial Center biography](https://www.fjc.gov/node/4517676) - [CourtListener judicial biographical directory](https://www.courtlistener.com/person/8573/stuart-kyle-duncan/) - [Federal Rule of Appellate Procedure 34, Oral Argument](https://www.uscourts.gov/forms-rules/current-rules-practice-procedure/federal-rules-appellate-procedure) - [CourtListener judicial biographical directory](https://www.courtlistener.com/person/8573/stuart-kyle-duncan/) - [Wikidata: Stuart Kyle Duncan](https://www.wikidata.org/wiki/Q41516812) ## JSON-LD ```json { "@context": "https://schema.org", "@graph": [ { "@type": "WebPage", "@id": "https://knowjudges.com/kyj/judge/stuart-kyle-duncan", "url": "https://knowjudges.com/kyj/judge/stuart-kyle-duncan", "name": "Stuart Kyle Duncan | KnowJudges", "description": "Stuart Kyle Duncan, U.S. Court of Appeals for the Fifth Circuit. 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