In February 2017, Kacsmaryk was deputy general counsel for the Christian conservative legal group First Liberty Institute and sent an application to the Federal Judicial Evaluation Committee, established by U.S. Sens. John Cornyn and Ted Cruz, both Texas Republicans, to vet potential nominees from their state. He was interviewed by the committee in March, the two senators in April, and White House and Justice Department offices in May.
Trump nominated Kacsmaryk to the U.S. District Court for the Northern District of Texas in September—the same month that the journal Texas Review of Law and Politics, which Kacsmaryk led as a University of Texas a law student, published "The Jurisprudence of the Body," an article criticizing Obama administration protections for transgender patients and people seeking abortions,with First Liberty lawyers Justin Butterfield and Stephanie Taub listed as the sole authors.
