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5th Circuit Judge Shows How To Rule With Reason Over Politics

Judge Duncan is the kind of judge Americans should celebrate: faithful to the law, gifted in intellect, and humble in the position he holds.

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The federal courts have never been busier, and the quality of judicial reasoning has never mattered more. At stake in courtrooms across the country are the fundamental rights Americans hold most dear, such as religious freedom, the sovereignty of states, and the accountability of a federal government that too often overreaches. Circuit Judge Stuart Kyle Duncan of the 5th U.S. Circuit Court of Appeals understands that role clearly. Two recent opinions — one checking the hasty work of the FDA in approving mail-order abortions, and another affirming the benign posting of the Ten Commandments in public schools — illustrate why he deserves attention. 

Duncan authored the 5th Circuit panel’s May 1 opinion in Louisiana v. FDA, granting Louisiana’s request to stay the FDA’s 2023 rule allowing mifepristone to be prescribed online and mailed to patients without an in-person physician visit. The opinion is a model of clear-eyed legal analysis. Duncan didn’t reach for politics or rhetoric. He applied the law. 

On May 4, the Supreme Court issued a procedural pause on the case (the pause expires Monday), and they ought to find that it is a........

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