Sen. Jon Ossoff, D-Ga., joined with Republicans to block the nomination of a judge who ruled a transgender woman convicted of sex crimes should be transferred to a women's prison, The Hill reported.
The Judiciary Committee voted 10-11 to not move forward with Sarah Netburn's nomination for a district judgeship in New York.
Netburn, nominated by President Joe Biden, told Sen. Lindsey Graham, ranking member of the Judiciary Committee, that she didn't know if it was possible to determine a person's sex by their chromosomes.
"I have never studied biology and, therefore, I am unqualified to answer this question," Netburn said.
Ossoff's "no" vote was the first time a Democratic senator had voted against a Biden judicial nominee on the Judiciary Committee. Netburn has spent the last 13 years as a magistrate judge in Manhattan.
July Justine Shelby was a transgender woman who asked to be transferred to a federal women's prison while she was serving a 15-year-sentence at a men's prison. In 2022, Netburn recommended the transfer over the objection of the Bureau of Prisons after Shelby filed suit.
Netburn said the bureau's refusal to transfer her to a women's facility to further her gender transition violated the inmate's rights under the U.S. Constitution's Eighth Amendment, which bars cruel and unusual punishments.
Sen. Ted Cruz, R-Texas, said Netburn put political ideology over justice and reality.
"This judge is ruling the Constitution requires that biological men who wake up one day and say 'I'm a woman' must be housed with female prisoners. This judge also ruled in effect that female prisoners have no rights," Cruz said.
Shelby is serving a 15-year sentence for distributing child pornography. She previously pleaded guilty to raping a 17-year-old girl and molesting a 9-year-old and served an 18-year prison sentence in Indiana.
Committee Chairman Dick Durbin, D-Ill. said Netburn only had the authority to recommend a transfer; the final decision was made by a district court judge.
A spokesperson for Osoff said he applies "rigorous and independent judgement on behalf on his constituents."
Information from Reuters was used in this report.
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