When Justice Leondra Kruger was reported to have twice declined a President Biden appointment to be U.S. Solicitor General, it was assumed she was giving up a favorable position from which she could be nominated to the U.S. Supreme Court should a vacancy there occur. However, we recently noticed a December piece on The Volokh Conspiracy by Professor Josh Blackman that makes the opposite case. (See also related posts by Blackman here and here.)
Blackman argues that “[o]ne of the benefits of being a sitting judge is that you can stay out of the political fray” and that “several facets of the SG job may add some spots to a spotless record.”
Related:
Further talk about Justice Kruger moving to Washington, D.C., soon . . . or later
More speculation about a new job for Justice Kruger (and more links there)