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What is the appropriate penalty for an attempt to assassinate a Supreme Court justice today? A recent ruling by a Biden-appointed judge in Maryland suggests it may be just 97 months, or a little over eight years. This sentence is alarmingly lighter than many penalties for nonviolent crimes, raising serious questions about justice.
Judge Deborah Boardman’s lenient sentencing of Nicholas Roske, who attempted to assassinate Supreme Court Justice Brett Kavanaugh, reflects a troubling episode in our judicial system. This case not only illustrates a failure of justice but also poses a threat to the integrity of our system of governance.
To fully grasp the gravity of Roske’s actions, we must remember the events leading up to the assassination attempt. In March 2020, amid a significant Supreme Court case on abortion, then-Senate Minority Leader Chuck Schumer made inflammatory remarks outside the Supreme Court building. He explicitly warned Justices Kavanaugh and Gorsuch:
“I want to tell you, Gorsuch. I want to tell you, Kavanaugh. You have released the whirlwind, and you will pay the price. You won’t know what hit you if you go forward with these awful decisions.”
This rhetoric, aimed at intimidating Supreme Court justices, set a dangerous precedent. Fast forward two years, and the defining abortion case, Dobbs v. Jackson Women’s Health Organization, reached the Court. In early May 2022, a draft opinion was leaked, likely to impede the impending overturn of Roe v. Wade. Roske’s assassination attempt on Kavanaugh occurred just a month later, on June 8.
Roske’s actions stemmed from an immediate desire to alter the Supreme Court’s composition, thereby influencing the outcome of the Dobbs case. This offense transcends mere attempted murder; it constitutes domestic terrorism and poses a severe threat to our governmental framework.
Moreover, Kavanaugh was not Roske’s only target. He expressed intentions to kill additional justices to disrupt the Court’s functioning. In recent years, political violence has escalated, with notable incidents targeting conservatives, including the shooting of Representative Steve Scalise and attempts on former President Donald Trump’s life.
In a more recent case, a man armed with 200 explosives was arrested outside a prominent Washington cathedral just before a mass traditionally attended by several justices. This demonstrates the real dangers surrounding the Supreme Court and its members.
The leniency of Judge Boardman’s sentence for Roske appears especially troubling given the broader context of political violence. Her decision to sentence Roske below the standard guidelines, citing his claimed transgender identity, raises ethical concerns. Boardman’s commentary underscored the belief that Roske’s mental health status, and not the severity of his attempt, should influence his punishment.
In September, Roske identified as female and requested the name