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.