A controversial judicial nominee, Sarah Netburn, was blocked by the Senate Judiciary Committee on Thursday, marking a significant defeat for President Biden. The opposition, a rare bipartisan occurrence, stemmed from Netburn’s recommendation to transfer a biological male convicted of sexual offenses who identifies as a transgender woman to a prison housing biological women.
Democratic Senator Jon Ossoff joined Republicans in voting against Netburn, preventing her nomination from advancing. This is the first time a Biden judicial nominee has been voted down in committee, signaling growing concerns within the Democratic party about Biden’s leadership and potentially foreshadowing difficulties for the President in the 2024 election.
Senators expressed concerns about Netburn’s decision, highlighting potential risks to female inmates. “I have deep concerns about Judge Sarah Netburn’s nomination, and specifically about her radical rulings that endanger women by placing biological men in women’s prisons,” stated Senator Ted Cruz, R-Texas. He emphasized the significant number of letters received from women’s groups and female inmates expressing similar concerns.
The vote further highlights the increasing pressure on Biden as he seeks to fill judicial vacancies, particularly with a recess-heavy schedule this fall making it uncertain if he can surpass former President Trump’s record.
In addition to the concerns surrounding the transgender prisoner case, Senate Minority Leader Mitch McConnell, R-Ky., criticized Netburn’s record, highlighting her failure to rule on unopposed motions submitted by families of 9/11 victims seeking compensation. “Judge Netburn failed to rule on the unopposed motions they submitted that would have entitled them to participate in the next round of compensation for grieving families,” McConnell stated. “As they put it, ‘We cannot understand how a Magistrate Judge could treat 9/11 family members so callously or so blithely disregard her duties.’”
The block on Netburn’s nomination underscores the growing challenges facing Biden as he navigates the political landscape. The unprecedented bipartisan opposition to a Biden judicial nominee raises questions about the future of his agenda and the potential for further obstacles in the coming months.
