Nicholas Roske, who attempted to assassinate Supreme Court Justice Brett Kavanaugh in 2022, received a sentence of 97 months—just over eight years—for plotting to kill a sitting justice. The punishment drew widespread criticism, with Judge Deborah Boardman, a Biden appointee, citing Roske’s transgender identity as a factor in her decision.

Boardman acknowledged Roske’s actions constituted an act of terrorism but emphasized concerns about the defendant’s access to gender-affirming care if placed in a male prison. Roske, who now identifies as “Sophie” and uses female pronouns, pleaded guilty in April to attempting to murder Kavanaugh. The case involved extensive planning: Roske traveled from California to Virginia armed with a pistol, knife, lock-picking tools, and other equipment.

In the weeks before the attack, Roske researched Supreme Court justices, mass shooters, and methods of violence, including searches about inflicting maximum harm with a knife. The attempt coincided with heightened tensions over the Dobbs decision, which overturned federal abortion rights. Prosecutors noted Roske noticed U.S. marshals at Kavanaugh’s home but abandoned the plan after calling 911.

Boardman stated the sentence reflected the severity of Roske’s crime while addressing her “unique circumstances.” However, critics argue the ruling sends a dangerous message, questioning whether criminal accountability will be undermined by identity claims. Roske expressed remorse during the hearing, describing the incident as a mental health crisis. Defense attorneys highlighted her transgender status, while prosecutors avoided using female pronouns for the defendant.

The judge’s decision has ignited debate over judicial priorities and the intersection of gender identity with criminal sentencing.