Things got heated Wednesday as Senators Ted Cruz and John Kennedy ripped a President Biden judicial nominee over her decision to allow a biological male serving time for rape and child pornography to be moved to a women’s prison simply because he claims to identify as a woman. 


US Magistrate Judge Sarah Netburn was nominated to serve on the US District Court for the Southern District of New York. Inmate William McClain, who now goes by July Justine Shelby, was convicted of molesting a 9-year-old boy, raping a 17-year-old girl, and distributing violent child pornography. 

After transitioning to a woman, although still a biological male with male genitalia, the inmate requested the move, citing fears for his safety and denial of proper medical care. 

The Board of Prisons denied this request, and Judge Sarah Netburn took things into her own hands. 

“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?”

When Senator Cruz grilled her on this decision, Netburn repeatedly replied that she made her decisions based on the “facts.” What facts are those? The fact that the inmate had male genitalia should have been the first and only piece of information needed to throw out this ludicrous request. 

Judge Sarah Netburn sacrificed the safety and rights of hundreds of other female prison inmates to satisfy her radical ideology. Truly, Cruz was correct when he called her an activist, not a judge. 


There was a day when it would have been unheard of for a U.S. Magistrate Judge to be unable to clearly identify a man versus a woman in a government hearing. This is what our culture has come to, and it’s making a mockery of our judiciary system. 

There is a real crisis in our country on the border and in our economy. One of our closest allies has endured a tragic event of historic proportions that will shape the future of both our countries. And here we are, with some lawmakers or jurists unable to make a common sense decision on whether a convicted rapist with male genitalia should be housed with female inmates just because he asks to. 

It’s time for those on the left to wake up. The radicals among them are using their platforms to rob citizens of safety, honor, and rights to cater to the minority of other radicals with the same extremist ideologies. Our country should expect more from our elected officials. Perhaps, then, when patriot politicians like Senator Cruz don’t have to deal with this ridiculous nonsense, we can focus on the real issues at hand.