Watch – Ted Cruz: Can I Decide 'I Am a Woman' and Sue, Then Change My Mind?

Sen. Ted Cruz (D-TX) questioned Ketanji Brown Jackson on Wednesday during her Senate confirmation hearing if a plaintiff could alter his or her gender or race and continue to hold legal standing during a lawsuit involving race or gender.

“Yesterday, under questioning from Senator Blackburn you told her that you cannot define what a woman is — that you are not a biologist, which I think, you are the only Supreme Court nominee in history who has been unable to answer the question — what is a woman.” Cruz prefaced.

Senator @tedcruz: “I think you’re the only Supreme Court nominee in history who’s been unable to answer the question: what is a woman?” pic.twitter.com/y7MsJLvMU9

— RNC Research (@RNCResearch) March 23, 2022

“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 three standing to challenge a gender-based restriction?” Cruz asked.

Jackson refused to answer the question. “Those kinds of issues are working their way through the courts, and I am not able to comment on them,” she claimed.

SEN. @tedcruz: “I’m an Hispanic man. Could I decide I was an Asian man…and challenge Harvard’s discrimination because I made that decision?”

JACKSON: “Senator, I’m not able to answer your question.” pic.twitter.com/0EhSt64JHi

— RNC Research (@RNCResearch) March 23, 2022

Cruz continued down his line of questioning and posed the question a different way.

“If I can change my gender and be a woman and an hour later I decide I am not a woman anymore, I guess I would lose article three standing,” Cruz stated. “Does that same principle apply to other protected characteristics?” Cruz asked. “For example, I’m a Hispanic man. Could I decide I was an Asian man? Do I have the ability to be an Asian man and challenge Harvard’s discrimination because I made that decision?” Cruz asked in reference to a case before the Supreme Court.

Jackson refused to answer again. “You are asking me about hypotheticals,” she complained before giving a broad answer that did not answer the question.

“I would assess standing the way I assess other legal issues which is to listen to the arguments made by the parties, consider the relevant precedents and constitutional principles involved and make a determination,” she said.

Cruz’s question comes as Jackson’s confirmation hearings have lasted three days. Only 47 percent of voters believe Jackson should be confirmed, a Tuesday Politico/Morning Consult poll revealed.

Jackson’s approval number is also much worse than Justice Samuel Alito’s (50-25 percent), Justice John Roberts’s (59-22), Justice Ruth Bader Ginsburg’s (53-14), and Justice Clarence Thomas’s (52-17).

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