Hobby Lobby attorney confirmed for federal court

The lead attorney in Hobby Lobby’s religious freedom case has been confirmed to the U.S. Fifth Circuit Court of Appeals. Kyle Duncan, 46, had served as general counsel for the Becket Fund, a Christian legal rights organization.

Duncan led the legal team for the retail chain’s successful opposition to a contraceptive mandate in the Affordable Care Act. By a 5-4 ruling in 2014, the Supreme Court upheld Hobby Lobby’s objection—on religious grounds—to providing contraceptive coverage as part of employees’ insurance plans.

Democrats questioned whether Duncan could be impartial on other grounds as well, citing his defense of a North Carolina voter ID law and support of Louisiana’s ban on same-sex marriage.

However, Family Research Council President Tony Perkins applauded the appointment, saying it was in keeping with President Trump’s pledge to appoint constitutionalists to the courts.

“Kyle has shown himself to be one who can clearly defend and articulate the significance of our laws and Constitution,” Perkins said.

The Senate confirmed Duncan 50-47, with West Virginia’s Joe Manchin the lone Democrat voting in favor.