Biden Supreme Court Nominee Leondra Kruger Astonished Justices With Her Positions on Religious Liberty

Leondra Kruger, a potential Biden Supreme Court nominee, surprised everyone with her views on religious liberty.

Supreme Court Justice Stephen Breyer is going to be replaced soon and the Biden government has shortlisted a few of the candidates to take his place. The decision is taken because Justice Stephen Breyer plans to retire after working for such a long term.

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Back in 1994, President Bill Clinton appointed Breyer who is currently 83 years old. If you consider the number, he is amongst the oldest members presented in the court and quite actively takes part in the liberal wing. Now that he is going to retire, it is time to appoint a Black woman to the Supreme court as promised by Biden during his campaigns.  

In case he stands by his commitments and appoints a black official, another history will be in the making too. This will be the first time that four women will be sitting on the bench at the same time. Besides, this will be the first-ever time in history that two African-American justices could be seen ruling the high court simultaneously.  

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Brief About the Session

Currently a justice on the top court of California, Leondra was the spokesperson for the Obama administration in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC. She focused on the point that it is necessary for religious organizations to adhere to the anti-discrimination laws whenever they are planning to choose new religious leaders. 

Carrie Severino, the Judicial Crisis Network president made a statement on Monday, “The position that Kruger staked out as a litigant in Hosanna-Tabor against the ministerial exception — one that even Justice Kagan described as ‘amazing’ during oral argument — suggests that she could be hostile to religious liberty if she were appointed.”

Kruger was stern enough to prove her point against the doctrine that has been in practice for decades now. The ‘ministerial exception’ doctrine prevents the government from interfering in any religious organization’s affairs, even when the organizations are picking their leaders. 

Biden Supreme
Biden Supreme

It can be said that this ministerial exception provides protection to religious groups. This encourages such groups to make employment decisions on behalf of others that are devised according to their beliefs and applicable even in the case of marriage as well as human sexuality.

The justice’s ruling has primarily recognized “it is impermissible for the government to contradict a church’s determination of who can act as its ministers.” 

Chief Justice John Roberts on the other hand addressed the statement issued by the Obama administration’s argument by squaring the text stated under the First Amendment. Under this, it was written that religious organizations have special rights.

Roberts even questioned Kruger while having arguments, he said, “We cannot accept the remarkable view that the Religion Clauses have nothing to say about a religious organization’s freedom to select its own ministers.”

Kruger bravely stated that her team thinks that ministerial exception includes the right of association and even the given rights stated under the religion clauses. 

Kruger kept arguing with facts and tried to explain the cases further but Roberts interfered with her and continued to question her.

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Kruger further went on to say, “The contours — but the inquiry that the Court has set out as to expressive associations we think translate quite well to analyzing the claim that Petitioner has made here. And for this reason, we don’t think that the job duties of a particular religious employee in an organization are relevant to the inquiry….”

After hearing her strong point of view and progressive approach, many were in support of Kruger. She strongly put forward her opinions and the facts she believed in. America needs someone in the supreme court who knows how to voice for the right things.

She left a mark that is hard to erase anytime soon. It can be said that Biden has chosen a suitable nominee for the upcoming position.



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