Supreme Court Contender Leondra Kruger vs. Religious Liberty

Supreme Court Contender Leondra Kruger vs. Religious Liberty
AP Photo/S. Todd Rogers, Pool, File
California supreme court justice Leondra Kruger is widely considered to be among the leading contenders to fill Justice Breyer’s forthcoming vacancy. But a brief and oral argument from a decade ago might damage her prospects. As an assistant to the Solicitor General, Kruger argued on behalf of the Obama administration in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC. The brief that she and other Obama administration lawyers submitted took a surprisingly aggressive stance against the very existence of a general "ministerial exception" to employment-discrimination laws. According to her position, religious organizations are limited to the right to freedom of association that labor unions and social clubs enjoy.
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