Tom Cotton Takes Action After Trans Man Who Plotted To Kill Kavanaugh Receives Light Sentence

Senator Tom Cotton (R?Ark.) introduced legislative proposals on Wednesday in response to a federal sentence he described as too lenient for the man convicted of plotting to assassinate Supreme Court Justice Brett Kavanaugh.

Cotton’s centerpiece measure, the Fair Sentencing Act, would bar judges from citing a defendant’s gender identity as a reason to reduce a sentence. According to a copy of the draft obtained by reporters, the bill would make gender identity an impermissible mitigating factor at federal sentencing hearings.

“Criminals are criminals,” Cotton said in a statement. “Radical left judges shouldn’t be able to use gender identity as a reason to assign shorter sentences. My bill will keep Americans safer by ensuring all criminals are properly sentenced.”

The legislation was proposed after a Biden?appointed federal judge sentenced Nicholas Roske, who planned to ambush Justice Kavanaugh, to eight years’ imprisonment. That sentence is well below the 30?year term some federal guidelines suggested and drew criticism from Republicans who said the court gave too much weight to Roske’s mental?health history and gender identity during sentencing.

Court transcripts show the sentencing hearing ran for several hours, during which the judge considered Roske’s history, including mental?health treatment and statements about his gender identity, as part of the mitigation argument.

Cotton also unveiled a second measure aimed at prison housing. His Preventing Violence Against Female Inmates Act of 2025 would require that prisoners be assigned to facilities based on biological sex and would deny certain federal grants to states that house men in women’s prisons. The bill seeks to codify a prior executive action restricting placement of transgender prisoners in facilities that correspond to their gender identity.

“Prisoners should be housed according to biological sex, not gender identity,” Cotton said. He argued the change would reduce risks to women in correctional settings, citing cases in which male inmates transferred to women’s facilities allegedly harmed other inmates.

Advocates for transgender rights argue that housing and sentencing policies must account for safety, medical needs, and legal protections for transgender individuals, and many civil?rights groups oppose categorical exclusions based on gender identity. Legal challenges have been filed in various jurisdictions against rules that bar placement based on gender identity, and federal courts have weighed competing concerns about safety, privacy, and medical care.

Roske’s case drew national attention because of the target and the disputed balance between public safety, mental?health factors, and how much a judge should weigh identity and treatment history when determining a punishment. He faces federal charges tied to the plot; prosecutors had sought a substantially longer term than the sentence imposed.

The measures introduced by Cotton set the stage for a likely partisan debate in Congress over sentencing discretion, criminal?justice policy, and the rights of transgender defendants and inmates. Supporters of Cotton’s bills argue they will protect women and uphold uniform sentencing; opponents say the proposals risk stripping judges of needed discretion and could conflict with constitutional protections and medical standards.