The Senate Judiciary Committee voted against confirming President Joe Biden’s nominee, Sarah Netburn, to the U.S. District Court for the Southern District of New York. The vote resulted in a 10-11 decision, blocking her nomination.
The controversy stemmed from Netburn’s decision in August 2022, where she recommended transferring a male inmate, William McClain (who identifies as July Justine Shelby), into a female prison, though the inmate had a history of sex crimes. The decision sparked significant debate and was a key factor in the committee’s vote against her nomination, as reported by the Washington Free Beacon. Democratic Sen. Jon Ossoff of Georgia broke away from his fellow Democrats to vote against Netburn.
GOP senators, especially, grilled Netburn during her confirmation hearing. “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,” Republican Sen. Ted Cruz of Texas said during the May hearing. “And your answer was, ‘That sounds great to me.’”
McClain, also known as July Justine Shelby, has a criminal history involving serious offenses. In 1994, McClain was convicted of molesting a 9-year-old boy and raping a 17-year-old girl. He was released from prison in 2015 but was later sentenced again in 2017 for distributing child pornography. According to reports from the Washington Free Beacon, McClain has also been involved in incidents of sexually harassing female inmates after being transferred to a women’s prison.
When confronted by Cruz during the committee hearing, Netburn referred to the male defendant as a “she” and said that “every person who is incarcerated has a right to feel safe in their space.” Cruz said, “It is clear, on your record, your political ideology matters a heck of a lot more than the rights of those women that you endangered. I think you’re a radical. I think you have no business being a judge.”
