On Oct. 2, 2017, President Trump nominated Duncan to fill a vacant seat on the court. As reported in
The Advocate, Sen. Kennedy said he is undecided on Mr. Duncan's nomination. Last week Sen. Kennedy returned his "blue slip" to Sen. Chuck Grassley and the Judiciary Committee, saying he remains undecided on Mr. Duncan's nomination but does not object to the committee hearing. Sen. Grassley has scheduled a Nov. 29 confirmation hearing for Duncan before the Senate Judiciary Committee. Because this committee is comprised of 11 Republicans and nine Democrats, a "no" vote by Sen. Kennedy would endanger Duncan's confirmation.
The script of the radio ad reads,
"We need judges who will protect the Constitution and respect innocent human life. President Trump has nominated a highly qualified conservative attorney, Kyle Duncan, to a powerful federal court in New Orleans. Louisiana Sen. John Kennedy will be the deciding vote on whether Kyle Duncan is confirmed. But Sen. Kennedy says he is undecided on Duncan's confirmation. Please call Sen. Kennedy today at (202) 224-4623 and urge him to support the confirmation of conservative attorney Kyle Duncan, President Trump's nominee to the federal court of appeals. Sen. Kennedy's number again is (202) 224-4623."
"Mr. Duncan is an eminently qualified nominee for the 5th Circuit Court of Appeals, and we encourage the Senate Judiciary Committee to confirm him. In the Judiciary Committee, Sen. Kennedy will be the deciding vote on Mr. Duncan's nomination, so it is imperative that he votes to confirm Mr. Duncan. We cannot afford to give pro-abortion Democrats the gift of defeating one of President Trump's outstanding court nominees,"
said Carol Tobias, president of National Right to Life.
Benjamin Clapper, executive director of Louisiana Right to Life, added, "We need judges on all levels of the federal bench who respect the Constitution. Mr. Duncan, a graduate of LSU, has a stellar legal record. We call on Louisiana citizens to ask Sen. Kennedy to support Kyle Duncan, a well-accomplished attorney and strong conservative, for the 5th Circuit
Court of Appeals."