Senate votes to confirm Trump nominee for US appeals court

WASHINGTON (AP) — The Senate on Tuesday voted to confirm one of President Donald Trump's nominees to serve on the 5th U.S. Circuit Court of Appeals in New Orleans.

Republicans used their majority to push Kyle Duncan's confirmation through on a 50-47 vote over the objections of Democratic lawmakers and liberal advocacy groups that described him as a conservative culture warrior. Sen. Joe Manchin of West Virginia was the only Democrat to vote in favor of Duncan's confirmation.

Duncan was lead counsel in the Hobby Lobby case before the Supreme Court, which decided that some corporations can hold religious objections that allow them to opt out of a requirement to cover contraceptives for women. He also served as general counsel of the Becket Fund for Religious Liberty, which describes its mission as protecting the free expression of all faiths.

Democrats questioned whether Duncan could be an impartial arbitrator given the cases he had worked on. The Congressional Black Caucus urged the Senate to reject his nomination because of his work defending a North Carolina voter ID law. Gay rights groups and organizations that support abortion rights also were critical.

"He is out of the mainstream. In fact, he is out of the stream entirely," said Sen. Richard Blumenthal, D-Conn.

Republican Sen. John Kennedy of Louisiana said some senators were confusing the role of the lawyer and client. Duncan has extensive experience arguing more than 30 cases in federal and state appellate courts, and he has represented Louisiana in several high-profile cases, Kennedy said. He called him a careful thinker and articulate.

"I do not recognize, Mr. President, the Kyle Duncan being described by some of my colleagues," Kennedy said.

The vote represented another high-profile appellate court confirmation for Trump, who had a record number of circuit judges approved in his first year in office.

Organizations that are on opposing sides on the abortion issue reacted with starkly different views of the vote.

Planned Parenthood said, "President Trump is radically remaking an entire branch of government." Americans United for Life said Duncan's decades of experience and his respect for the Constitution "make him an excellent choice."