Biden Judicial Nominee Says She’s ‘Unqualified’ To Define What a Woman Is

A key point of contention was a ruling in which Ms. Netburn ordered a biological male to be housed in a women’s prison.

AP/Josh Reynolds, file
Senator Graham at Boston, June 13, 2022. AP/Josh Reynolds, file

A judicial nominee picked by President Joe Biden says she doesn’t know what a woman is.

United States Magistrate Judge Sarah Netburn, nominated for a seat on the United States District Court for the Southern District of New York, recently came under scrutiny for a decision she made involving the housing of a transgender inmate.

In a Tuesday release by Republicans on the Senate Judiciary Committee, Senator Graham highlighted Ms. Netburn’s response to his questions. One of the key points of contention was an August 2022 ruling in which Ms. Netburn ordered a biological male to be housed in a women’s prison.

“In your Report & Recommendation, you open your ‘Factual Background’ section by stating: ‘At birth, people are typically assigned a gender.’ … Is it possible to determine a person’s sex by only analyzing their chromosomes?” Mr. Graham asked, according to a Daily Caller report.

“I have never studied biology and therefore I am unqualified to answer this question,” Ms. Netburn responded.

Senator Cruz also questioned Ms. Netburn, noting that the transgender male’s convictions included molestation of a nine-year-old boy and possession of child pornography.

“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,’” Mr. Cruz said during the May hearing. “And your answer was, ‘That sounds great to me.’”


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