After being unable to provide a single definition of what a woman is, Biden’s Supreme Court nominee Ketanji Brown Jackson, when pressed by Senator Ted Cruz (R-TX), could not determine if Cruz could have standing if he were to sue as a woman.
Speaking to Jackson, Cruz said “Yesterday, under questioning from Sen. Blackburn, you told her that you couldn’t define what a woman is—that you are not a biologist, which I think you’re the only Supreme Court nominee in history who has been unable to answer the question ‘what is a woman.’”
He went on to say, “Let me ask you, as a judge, how would you determine if a plaintiff had Article III standing to challenge a gender-based rule, regulation, policy without being able to determine what a woman was?”
Jackson responded, “Senator, I know I am a woman and Sen. Blackburn is a woman and the woman I admire most in the world is in the room today, my mother.”
Cruz asked, “Under the modern, leftist sensibilities, if I decide right now that I am a woman, then, apparently, I am a woman. Does that mean I would have Article III standing to challenge a gender-based restriction?”
“To the extent you are asking me about who has the ability to bring lawsuits based on gender, those kinds of issues are working their way through the courts and I am not able to comment on them,” Jackson responded.
Cruz also asked, “If I can change my gender and be a woman and an hour later if I decide I am not a woman anymore, I guess I would lose Article III standing. Does that same principle apply to other protected characteristics? For example, I’m a Hispanic man. Could I decide I was an Asian man? Would I have the ability to be an Asian man and challenge Harvard’s discrimination because I made that decision?”
Jackson answered, “I am not able to answer your question. You are asking me about hypotheticals.”