Duncan was nominated on April 28, 2003, by President
George W. Bush to fill a vacancy on the Fourth Circuit created by Judge
Samuel James Ervin III, who died on September 18, 1999. A Republican, Duncan was supported by both Senators
Elizabeth Dole and
John Edwards, a departure from the trend toward partisan controversy over North Carolina appointments to the Fourth Circuit Court of Appeals.
Bill Clinton previously had nominated Professor
S. Elizabeth Gibson to the seat late in his presidency, but Gibson never received a
U.S. Senate Judiciary Committee hearing or vote before his presidency ended. The
United States Senate confirmed Duncan by a 93–0 vote on July 17, 2003. She was the third judge nominated to the Fourth Circuit by Bush and confirmed by the Senate. She received her commission on August 15, 2003. In May 2018, Duncan announced that she would assume
senior status upon the confirmation of her successor. In September 2018, President
Donald Trump nominated
Allison Jones Rushing to replace Duncan on the
4th Circuit Court. Rushing was confirmed by the Senate on March 5, 2019. Duncan assumed senior status on March 21, 2019, and retired on July 31, 2019. == See also ==