Republican Texas Sen. Ted Cruz pressed Supreme Court nominee Ketanji Brown Jackson Wednesday on being able to identify as a “woman” or an “Asian man.”
Cruz asked Jackson on how she can determine which individuals are eligible to receive Article III standing in order to challenge gender-based policies without the ability to define what a woman is. This standing holds that a plaintiff must allege real, “concrete” harm in order to have standing to sue in federal court.
“Senator, I know that I’m a woman. I know that Senator [Marsha] Blackburn is a woman, and the woman who I admire most in the world is sitting in this room today, my mother,” Jackson began.
Cruz then challenged the nominee on whether identifying as a woman or an Asian man gives him the standing to challenge gender and race-based restrictions. (RELATED: ‘I’m Not A Biologist’: Judge Jackson Declines To Answer Whether A 20-Week-Old Unborn Child Can Live Outside The Womb)
“If I can change my gender, if I can be a woman and then an hour later, if I decide I’m not a woman anymore, I guess I would lose Article III standing,” Cruz said. “Tell me, does that same principle apply to other protected characteristics? For example, I’m an Hispanic man, could I decide I’m an Asian man? Would I have the ability to be an Asian man and challenge Harvard’s discrimination because I made that decision?”
Jackson declined to directly answer the question, arguing that the issues are currently being debated in the courts. She then answered that she would assess any issue by listening to the parties involved and considering “relevant precedents and constitutional principles involved.”
Republican Tennessee Sen. Marsha Blackburn asked Jackson to define the term “woman” during her Tuesday hearing, which she declined to answer, saying, “I’m not a biologist.” She then said she would address disputes over a definition and make a final decision after proper review.
Cruz said Jackson is the “only Supreme Court nominee in history” unable to define a woman.