Austin News

In a Senate Judiciary Committee Executive Business meeting, U.S. Senator Ted Cruz (R-Texas) condemned Biden nominee Sarah Netburn over the consequences of a judicial decision that has reportedly put women in danger. Shortly thereafter, the committee voted 10-11 against her nomination, blocking it from proceeding to the Senate floor.

President Biden had nominated Netburn to serve as U.S. District Judge for the Southern District of New York. While serving as a magistrate judge, Netburn went against a Federal Bureau of Prisons recommendation and housed a biological male serial rapist in a women’s prison in Texas. Since then, that male prisoner has reportedly committed another sexual offense by exposing himself to women in the prison.

Netburn previously stated in a written response to Senator Cruz that she does not regret her decision to transfer a serial rapist—and a biological man—to a women’s prison. Committee Republicans have received over 100 letters from women, women's groups, and female prisoners expressing concern about the risk female prisoners face when housed with biological men.

During the confirmation meeting, Sen. Cruz said, “Putting political ideology over justice and reality, Magistrate Judge Netburn recommended that Shelby ‘be transferred immediately to a woman's facility’ despite a lifelong pattern of rape, sexual assault, and obvious sexually predatory instincts. Magistrate Judge Netburn’s opinion declared that, ‘There are no signs that petitioner is at risk of reoffending.’”

He continued by stating: “Casting aside any concerns for the female prisoners, Judge Netburn wrote, ‘the BOP also posits that permitting petitioner to live among women will be traumatizing and possibly dangerous to them. This concern is overblown.’”

Senator Cruz referred to recent reports stating: “Yesterday, the Washington Free Beacon reported that Shelby, who was housed at FMC Carswell in Fort Worth Texas, was placed in administrative segregation for exposing himself to female prisoners, apparently joking that he was fully intact. Congratulations, Judge Netburn; that’s what you’re doing to the women in this prison.”

Watch Sen. Cruz’s full remarks here.