Sen. Ted Cruz (R-TX) got into a heated exchange with Attorney General Merrick Garland as the Texas senator accused the Justice Department chief of failing to protect conservative Supreme Court justices after they voted to overturn Roe v. Wade last summer.
Cruz accused Garland of “sitting on [his] hands” while protesters gathered at the homes of Supreme Court justices who voted in favor of overturning Roe, which ended nationwide access to abortion and returned the question of the procedure’s legality back to the states. The Texas senator specifically pointed to the pro-abortion group Ruth Sent Us, which leaked the home addresses of the justices online.
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“When rioters descended on the homes of six Supreme Court Justices, night after night after night, you did nothing,” Cruz said on Wednesday. “The department did nothing.”
The comment sparked a tense back and forth as the Texas senator accused Garland of failing to fulfill his duties as attorney general. Garland pushed back on those claims, noting the Justice Department cannot prosecute protesters unless the U.S. Marshals issue an arrest.
Garland defended his department’s actions, noting the DOJ sent more than 70 U.S. Marshals to the homes of justices in order to increase security.
“How do you decide which statutes you enforce and which ones you don’t?” Cruz asked.
“The Marshals on scene make that determination in light of the priority of —” Garland responded, before being cut off by Cruz.
“The Marshals do not make a determination on whether to prosecute,” Cruz interjected. “You, the attorney general, make a determination, and you spent 20 years as a judge and you’re perfectly content with justices being afraid for their children’s lives, and you did nothing to prosecute it.”
“Can I answer the question?” Garland shot back.
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The contentious exchange came during a Senate Judiciary Committee hearing on Wednesday during which Senate Republicans questioned Garland on a number of the department’s investigations, including one centered on President Joe Biden’s son Hunter.
The hearing marks the first time Garland has appeared before the new Congress, and it comes as the attorney general has fallen under intense scrutiny from both chambers in recent weeks. Garland is expected to face additional hearings with the House Judiciary Committee, as Chairman Jim Jordan (R-OH) has pushed the DOJ to provide documents relating to investigations into Biden.
