The Department of Justice (DOJ) on Monday asked an appeals court to reassign the case of Nicholas Roske, who attempted to assassinate Supreme Court Justice Brett Kavanaugh in 2022, to another judge for resentencing.
Roske was sentenced to eight years in prison, followed by a lifetime of supervised release, in October 2025 for attempting to kill Kavanaugh outside his home on June 8, 2022.
The incident took place weeks after a leaked draft opinion indicated the Supreme Court was preparing to overturn Roe v. Wade, the 1973 ruling that legalized abortion nationwide.
In a June 22 brief, the DOJ asked the appeals court to vacate Roske’s eight-year sentence, saying it was “unreasonably lenient” and failed to account for the gravity of his crime.
DOJ lawyers argued that Roske had “meticulously planned” to kill Kavanaugh for weeks and allegedly told a friend that he was shooting for three justices.
“Roske’s sentence speaks to the nation. An eight-year sentence for an extreme and ideologically motivated assassination attempt aimed at altering the Supreme Court and thwarting its issuance of opinions does not warrant leniency,” the brief reads.
“It demands a prison term that tells the world that going to the home of a judge or justice to kill him will be severely punished.”
The DOJ had previously pushed for a 30-year prison sentence for Roske.
U.S. District Judge Deborah Boardman handed down the eight-year sentence on Oct. 3, 2025.
According to court filings, Boardman recognized that Roske’s crime was “absolutely reprehensible” but determined that only a minimal prison sentence was necessary, pointing to Roske’s efforts to manage his mental health, lack of criminal history, and his 911 call that the judge deemed a “spontaneous confession” from Roske.
The judge also considered his transgender status in his sentencing.
His attorneys disclosed last year that Roske identifies as transgender and goes by the name Sophie Roske. The DOJ’s brief referred to Roske by the name listed in court records, noting that Roske had not sought a legal name change.
Roske entered a guilty plea in April 2025. The defendant previously said he wanted to kill Kavanaugh to prevent him from voting to overturn abortion access and gun control laws, according to the FBI.
Prosecutors said Roske traveled from California in possession of a handgun, ammunition, pepper spray, and a crowbar with the intent to commit murder “for terroristic purposes.”
When Roske arrived at Kavanaugh’s residence, he spotted two deputy U.S. marshals outside and abandoned his plan. Prosecutors said Roske later called 911 to say that he was having “suicidal and homicidal thoughts,” after receiving a call from his sister, who convinced him not to go through with the assassination plot. He was arrested at the scene.
The Epoch Times reached out to Roske’s lawyer but received no response by publication time.
Matthew Vadum contributed to this report.
Friends Read Free
Copy
Facebook
Tweet
