President Biden’s judicial nominee, Sarah Netburn, has been facing intense scrutiny after putting forth her recommendation for a transgender inmate to be moved to an all-female prison.
Difficult Questions
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Nominated for the US District Court for the Southern District of New York, Netburn is more than familiar with drama, but after her recommendation, she found herself the subject of a difficult line of questioning.
Transferring Inmates
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Netburn recommended transferring former William McClain, who identifies as July Justine Shelby, a transgender inmate, to a female prison.
Shelby’s Request
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Shelby is biologically male and has been housed with male prisoners but has made the request to be transferred to a female prison.
Leading Questions
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During a Senate Judiciary hearing about her recommendation, Senators John Kennedy and Ted Cruz criticized Netburn’s decision and asked leading questions about the situation.
The Criminal Record
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Kennedy questioned the safety implications for other female inmates and criticized Netburn for recommending Shelby be housed with female inmates despite their sexual criminal history.
Questioning the Decision
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At the same time, Cruz aggressively questioned Netburn about Shelby’s male genitalia and suggested that her decision disregarded the safety and rights of female inmates.
Highlighting Safety
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In response to these questions, Netburn defended her recommendation by citing Shelby’s serious medical needs and the risk to her safety in a male facility.
Denied Medical Needs
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Netburn defended herself by saying, “My recommendation was that the petitioner’s serious medical needs were being denied by keeping her in a men’s facility.”
The Rights of Inmates
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Cruz asked Netburn, “Do they have the right not to have a six-foot-two man who is a repeat serial rapist put in as their cellmate?”
Sexual Criminal History
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Kennedy questioned the safety implications for other female inmates and criticized Netburn for recommending Shelby be housed with female inmates despite their sexual criminal history.
Fear for Her Safety
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Due to her gender dysphoria and previous experiences of violence in a male prison, Shelby also expressed fear for her health and safety.
Transferring Shelby
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Following Netburn’s recommendation, US District Judge Broderick ordered Shelby’s transfer to a female facility because of these medical and safety concerns.
A Political Activist
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Focusing on Netburn’s language and perceived biases, Cruz and Kennedy accused Netburn of acting as a political activist rather than an impartial judge, stating, “This is not a judge’s order. This is a political activist.”
Contradicting Claims
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Cruz also claimed Netburn used inconsistent rationales and that she contradicted her own report regarding the Bureau of Prisons’ concerns about sexual violence.
Protecting Female Prisoners
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Cruz said, “You wrote, quote, the Bureau of Prisons claimed penal logical interest in protecting female prisoners from sexual violence and trauma. This interest is legitimate.”
Agreeing With Shelby
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Despite Cruz and Kennedy’s indignation, Three wardens and a district judge supported Netburn’s recommendation to transfer Shelby due to her medical needs and the violence she faced in the male facility.
Violating the Eight Amendment
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Referencing the Estelle v. Gamble case precedent, Netburn argued that Shelby’s Eighth Amendment rights were violated because she was not receiving adequate medical care for inmates.
Full Hormone Levels
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Netburn also highlights the fact that, “The petitioner had reached full female hormone levels before being incarcerated.”
No Misbehavior in Custody
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Netburn then went on to defend her decision by highlighting, “The petitioner had engaged in no violence, no physical violence, no sexual violence whatsoever while in custody.”
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Featured Image Credit: Shutterstock / Jacob Lund.