Potential Supreme Court Nominee Stunned Justices With Position On Religious Liberty

The aggressive position she took against plaintiffs in a case that involved religious liberty was once surprising to Supreme Court Justice Stephen Breyer, which President Biden chose to replace. Leondra Kruger is now a California justice at California’s highest court. In Hosanna Tabor Evangelical Lutheran Church and School v. EEOC, she argued in favor of the Obama administration. The case concerned whether religious organizations must adhere to anti-discrimination laws when choosing their religious leaders.

“The position Kruger took in litigant against Hosanna–Tabor’s ministerial exemption — one Justice Kagan called amazing’ during oral argument — suggests that she could be hostile to religious liberty if elected,” Carrie Severino of Judicial Crisis Network told Fox News Digital Monday.

Kruger strongly opposed the doctrine of “ministerial exclusion,” which prevents the government’s interference in the selection and appointment of religious leaders.

“It was illegal for the government to contradict the church’s decision about who can serve its ministers,” said Justice. ”

Chief Justice John Roberts said that the argument made by the Obama administration was incompatible with the First Amendment text. This provides special protection for religious organisations’ rights.

He said, “We cannot accept the Religion Clauses don’t have any authority to regulate a religion organization’s freedom to choose its ministers.” ”

Roberts questioned Kruger during oral argument whether there was an “ministerial exception distinct from the First Amendment right to association.”

Kruger responded, “We believe the ministerial exclusion is one that includes both the right of association and the rights under religious clauses. ”

“Is there anything special about the fact that the people in this instance are members of a religious organization? Roberts responded.

Kruger stated her belief that the Court had “expanded” in cases involving similar claims to autonomy, noninterference. But Roberts interrupted Kruger’s statement.

“Is that a yes? Roberts asked you if that was a no. ”

Kruger stated her side believed that “the fundamental contours are not different”, and then reiterated her point about similar cases, eliciting a response from several justices.

Kruger was sentenced to “That is amazing… We’re referring to the Establishment Clause as well as the Free Exercise Clause.” Justice Antonin Scalia said that Kruger claimed they had no special applicability for -.

Justice Elena Kagan said, “So, this just to return Justice Scalia’s question, since it is also incredible that you think that the Free — neither the Establishment Clause nor the Free Exercise Clause have any to say about the church’s relationship with its employees.”