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Kruger Steady, Careful in Mold of Supreme Court Mentor Stevens

Bloomberg Law

27 Jan 2022

Joe Palmore spoke to Bloomberg Law about Leondra Kruger, an Obama-era Justice Department alum who is considered a potential U.S. Supreme Court nominee in the wake of Justice Stephen Breyer’s retirement.

Kruger was an important part of the government’s advocacy in the 2012 case NFIB v. Sebelius, in which a divided court ultimately upheld the Affordable Care Act, said Joe, who worked in the Solicitor General’s office with Kruger.

Joe added that part of Kruger’s role was to navigate the government’s argument that the health law’s minimum coverage provision wasn’t a tax for purposes of the anti-injunction statute, while still leaving the door open for the argument that it was a tax under the Constitution.

“That was a delicate argument for us to be making,” Joe said, noting that Kruger “was heavily involved in the briefing successfully making that argument.”

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