Democratic Hawaii Sen. Mazie Hirono accused Republican Texas Sen. Ted Cruz of “mansplaining” Wednesday after he referenced her in a question to a nominee about the judicial principle of originalism during a Senate Judiciary Committee hearing.
Cruz was questioning U.S. District Judge Gustavo Gelpi, who President Joe Biden nominated to the First Circuit Court of Appeals. He said Hirono defended Gelpi during the hearing because he “refused to commit to originalism.” Cruz said originalism “would prevent outcomes” Hirono supports and she “doesn’t want judges who will follow the original understanding of the Constitution.”
“I would request that my colleague, Sen. Cruz, not misstate what I’m saying. You know what, all this mansplaining — please stop,” Hirono interjected after asking to make a “point of personal privilege” in response.
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Cruz challenged Hirono over her “mansplaining” remarks as Democratic Georgia Sen. Jon Ossoff, who chaired the session, moved to recognize another Democratic senator. “What was mischaracterized, Sen. Hirono? You just said I mischaracterized something,” the Texas senator said before he was cut off by Ossoff pounding his gavel. (RELATED: Ted Cruz Says Critical Race Theory Is ‘Every Bit As Racist As The Klansmen In White Sheets’)
“I’m very proud you have the gavel,” Cruz told Ossoff. “But a point of personal privilege, Sen. Hirono just said I mischaracterized something she said, so I am asking her: What was mischaracterized?”
“The thing with my colleague is he always has to get the last word and that is a fact,” Hirono said in response.
“I do not object to originalism as applied because it results in decisions that I don’t agree with,” she added. “I disagree with the way that the Court proceeded – some of the members of the court and how they proceed with originalism to get to the results that they want. So, that’s it.”
“Is it not accurate that you said you thought originalism shouldn’t be followed because it would lead to a different result in Obergefell and a different result in Roe?” Cruz shot back. “Is that not what you said?”
“No,” Hirono responded. “Some of the court members apply originalism. Not all of them do, and that is why, in some instances, they have been in the minority. Maybe not so much now.”