On 5/22/2024, a Biden judicial nominee was grilled over a 2022 recommendation that a biological male, who has apparently transitioned and identifies as a female, be transferred to a female prison despite previous convictions.

During a Senate Judiciary hearing, Republican Sens. John Kennedy of Louisiana questioned U.S. Magistrate Judge Sarah Netburn, who was nominated to serve on the U.S. District Court for the Southern District of New York, over why she recommended William McClain, who goes by July Justine Shelby, be housed with female inmates in a federal prison.

“Miss Shelby said I don’t want to go to a male prison. I want to go to a female prison,” Kennedy told Netburn. “And the Board of Prisons said ‘What planet did you parachute in from? You’re going to a male prison with this kind of record.’ And you sent him to a female prison, did you? You said that the Board of Prisons was trying to violate Ms Shelby, former Mr. McClain’s, constitutional right, didn’t you?”

“I issued a report and recommendation to the district judge recommending that the district judge transfer the petitioner to a women’s facility,” Netburn replied. “My recommendation was that the petitioner’s serious medical needs were being denied by keeping her in a men’s facility,” she added. Netburn maintained that she “looked at the facts that were before me in this case.”

Kennedy questions Netburn in Judiciary

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Senators grill Biden nominee over transgender inmate transfer request despite crimes convictions