CELEBRITY FRIDAY: Meet 38-Year-Old Leondra Kruger, CA Supreme Court Nominee

Leondra Kruger, 38, is Governor Jerry Brown's nominee for the current vacancy on the California Supreme Court.

The Los Angeles Times reported on the appointment:

Kruger, who is African American, joined the Office of Solicitor General under President George W. Bush and argued 12 cases before the U.S. Supreme Court. She left the solicitor general's office last year and became deputy assistant attorney general at the U.S. Department of Justice, Office of Legal Counsel. 

"Watching her at the U.S. Supreme Court was like watching a master who had done it hundreds of times," said Katyal, a law professor at Georgetown University. "It was breathtaking." 

Kruger was Brown's third appointment in recent years to the seven-member court. His other appointees are Goodwin Liu, a former UC Berkeley law professor, and Mariano-Florentino Cuellar, a Stanford law professor. She will be the court's third Democratic appointee. 

"With Brown's last two appointments and now with Leondra coming on the court, the California Supreme Court is looking like perhaps the most high-powered state supreme court in the country," Katyal said.

Kruger has the impressive credentials of someone whose judicial career may be beginning, not ending with a state Supreme Court appointment:

Kruger served as a law clerk to former U.S. Supreme Court Justice John Paul Stevens from 2003 to 2004 and to Judge David S. Tatel on the U.S. Court of Appeals for the District of Columbia Circuit from 2002 to 2003. She also taught at the University of Chicago for a year. 

She received her undergraduate degree from Harvard and her law degree from Yale University, where she was editor in chief of the Yale Law Journal.

Hopefully Kruger's appointment will be confirmed quickly. If so, she will become the second African American female to serve on the California Supreme Court. The first, Janice Rogers Brown, was named to the D.C. Court of Appeals by President George W. Bush and still serves there now. Leondra Kruger is today's Celebrity Friday because hopefully her name is one that will be heard again in a national context soon!

QUEER QUOTE: 8 U.S. States Have Explicitly Anti-Gay Laws

Yale Law Professors Bill Eskridge and Ian Ayres published an editorial today in the Washington Post which compares the official homophobic public policy of Russia with the official homophobia of multiple states in our own country.

Eight U.S. states, and several cities and counties, have some version of what we call “no promo homo” provisions. Before the United States condemns the Russian statute’s infringement of free speech and academic freedom, it should recognize that our own republican forms of government have repeatedly given rise to analogous restrictions. 

It is no coincidence that these examples focus on what must and must not be said to children. An explanatory note accompanying the 2013 Russian legislation makes clear that the statute seeks to protect children “from the factors that negatively affect their physical, intellectual, mental, spiritual, and moral development.” Proponents of the U.S. statutes have offered similar justification. And, like Russian President Vladimir Putin this month, the U.S. laws warn gay people and sympathizers to “leave kids alone, please.” 

The underlying ideology of these statutes is the same: Everybody should be heterosexual, and homosexuality is per se bad. This ideology has never rested on any kind of evidence that homosexuality is a bad “choice” that the state ought to discourage. The ideology is a prejudice-laden legacy of a fading era. (In fact, the strategy is daffy: Even if homosexuality were a bad lifestyle choice, state laws are not an effective way to head off such a choice.

The authors include excerpts from the homophobic legislation they are referring to:

“Materials adopted by a local school board . . . shall . . . comply with state law and state board rules . . . prohibiting instruction . . . in the advocacy of homosexuality.” 

“Propaganda of homosexualism among minors is punishable by an administrative fine.” 

“No district shall include in its course of study instruction which: 1. Promotes a homosexual life-style. 2. Portrays homosexuality as a positive alternative life-style. 3. Suggests that some methods of sex are safe methods of homosexual sex.” 

“[I]nstruction relating to sexual education or sexually transmitted diseases should include . . . emphasis, provided in a factual manner and from a public health perspective, that homosexuality is not a lifestyle acceptable to the general public and that homosexual conduct is a criminal offense.”

 The second of these is from the Russian law that went into effect last year after President Putin's signature, the others are from actual laws in effect in Utah, Alabama and Texas.

If discrimination on the basis of sexual orientation must receive heightened scrutiny then it is hard to believe these kinds of laws can survive any kind of judicial review.