She*, and she stole a real (straight, married, with children) man's identity to use as hypothetical. The whole thing should be absolutely thrown out by a higher court - the court of the people.
Also, what happens if a scotus judge is assassinated? Like for real, what if a terrorist straight up murders one? If it's the president, the vice president takes over, and if them.... There's like a power list for that. But, what about a scotus? Does the standing president just get to pick one again? Or is there a list of rank? Or is it like monarchy where the judge has a written will or a say over who replaces them? Goddamn; why do we even have this shitty system.