The Senate Judiciary Committee voted on Thursday against the confirmation of Sarah Netburn to the U.S. District Court for the Southern District of New York.
According to Daily Caller, the decision followed heated debates regarding Netburn's recommendation to transfer a male inmate identifying as a woman to a female prison.
The committee reached a vote of 10-11, preventing Netburn from gaining the judgeship. President Joe Biden nominated Sarah Netburn for the position, but her past judgments raised concerns.
In August 2022, Netburn suggested the transfer of William McClain, a male serial rapist who identifies as female and goes by July Justine Shelby, to a women’s prison. McClain’s criminal history includes a 1994 conviction for molesting a 9-year-old boy and raping a 17-year-old girl.
Upon release in 2015, McClain was again convicted in 2017 for distributing child pornography. Reports also claim McClain continued to harass female inmates even after the transfer.
The decision to transfer McClain was met with opposition from federal prison officials. They labeled the transfer as “traumatizing and possibly dangerous,” citing potential risks to the female inmates.
Despite stark objections, Netburn dismissed the concerns from federal officials, describing them as “overblown.” This dismissal raised significant alarm among several committee members, influencing their decision against her nomination.
During a committee hearing in May, Republican Senator Ted Cruz from Texas sharply criticized Netburn for her decision. Cruz argued that Netburn prioritized her political beliefs over the safety and rights of female inmates.
Senator Cruz confronted Netburn during the hearing, highlighting the physical attributes and dangerous history of McClain. "So you took a six-foot-two serial rapist, serial child rapist, with male genitalia, and he said ‘You know, I’d like to be in a women’s prison,’” Cruz said, questioning her judgment.
In a surprising move, Democratic Senator Jon Ossoff of Georgia voted against Netburn, breaking ranks with his party. This crucial vote played a significant role in the final outcome of the committee's decision.
Netburn continued to defend her decision during the hearing, asserting, “Every person who is incarcerated has a right to feel safe in their space,” referring to McClain as a “she." Her stance, however, failed to quell the controversy.
The committee's negative vote reflected the divided opinions held by its members. Ossoff’s vote, in particular, underscored the deep concern over Netburn's previous judgments.
President Biden's judicial nominations face intense scrutiny, as highlighted by the Senate Judiciary Committee's decision. The refusal to confirm Netburn underscores the impact of judicial decisions on public safety and political alignment. This vote demonstrates the Committee's dedication to thoroughly evaluating nominees' qualifications and past decisions.
