Would-Be Assassin, Stunningly Light Term

Blurred view of a courtroom with wooden furnishings

Justice Department leaders are appealing an eight-year sentence after a would-be assassin aimed at Supreme Court Justice Brett Kavanaugh, and the case now raises a blunt question about how much mercy the courts should show. [6]

Quick Take

  • The Justice Department wants a far longer term, saying 97 months is too light.
  • Attorney General Pam Bondi called the sentence “woefully insufficient.” [6]
  • The judge gave weight to Roske’s surrender and other mitigating facts. [2][4]
  • The appeal puts public safety and judicial discretion back in the spotlight.

DOJ Pushes for a Much Harsher Sentence

The Justice Department said Nicholas Roske should serve at least 30 years to life in prison. Federal prosecutors argued that the sentencing range fit the seriousness of the plot and the danger it posed to a Supreme Court justice. The department has now moved to appeal the 97-month sentence imposed by United States District Judge Deborah Boardman. [6][7]

The department’s public case is simple: this was not a small crime, a mistake, or a harmless protest gone wrong. According to the government’s sentencing filing, Roske was motivated by the leaked draft opinion on abortion and planned to kill Justice Kavanaugh. The filing says the government wanted the court to treat the conduct as a grave attack on the rule of law, not as an ordinary attempted crime. [7]

Judge Boardman Cited Mitigating Facts

Judge Boardman imposed 97 months in prison and lifetime supervised release after weighing the facts she said mattered at sentencing. Reporting on the hearing says she credited Roske for calling police and surrendering at the scene. Other coverage says she considered Roske’s personal background and the fact that the attack was aborted before any shot was fired or the home was entered. [2][4]

That split explains why the case is drawing so much anger. Conservatives see a direct threat to a sitting justice and expect a punishment that reflects the target and the intent. Supporters of the sentence point to the judge’s discretion and to the fact that Roske stopped short of carrying out the killing. The legal fight now turns on whether those facts justify a term far below what prosecutors wanted. [1][2][4]

Why the Appeal Matters

The appeal is about more than one defendant. It touches a basic question every citizen understands: what happens when someone travels armed to kill a Supreme Court justice, then receives a sentence that many readers will see as far too soft? The Justice Department’s own language shows it wants the appeals court to treat the case as a major test of punishment for political violence against federal officials. [6]

Public reaction has been sharp because the case sits at the center of several hot issues at once. It involves a Supreme Court justice, a leaked abortion ruling, a federal judge, and a sentence that prosecutors say falls far short of the facts. The appeal also lands in a climate where many Americans already distrust elite institutions and want tougher action when violence targets judges, justices, and the Constitution itself. [1][6]

Sources:

[1] Web – WaPo: DOJ Will Appeal ‘Her’ Sentence to Keep Would-Be Assassin …

[2] Web – DOJ to appeal sentence of Kavanaugh’s would-be assassin

[4] Web – Brett Kavanaugh assassination plot – Wikipedia

[6] Web – Nicholas Roske Sentenced to Over Eight Years in Prison for …

[7] Web – [PDF] Case 8:22-cr-00209-DLB Document 98 Filed 09/19/25 Page 1 of 34