Ted Cruz lashes out at judicial nominee during hearing for acknowledging an inmate as transgender

This blog originally appeared at LGBTQ NATION.

Cruz repeatedly interrupted Judge Sarah Netburn, accusing her of being a “political activist” as she attempted to explain her application of the law.

Senators Ted Cruz (R-TX) and John Kennedy (R-LA) angrily questioned U.S. Magistrate Judge Sarah Netburn, a Biden judicial nominee, over her recognition of a trans inmate as a woman.

“I think you’re radical, and you have no business being a judge,” Cruz stated.

The inmate, July Justine Shelby, stirred controversy in the hearing because she was a sex offender transferred to a women’s prison.

“The facts of the case were that the petitioner had last engaged in a contact offense 30 years ago and had not engaged in any contact offense since. Additionally, the medical evidence indicated that for the last five years, the petitioner was sober and hormonally entirely female,” Netburn explained at the confirmation hearing.

She was transferred to a women’s prison instead of a men’s prison because she is a woman. Judge Netburn cited Estelle v. Gamble, explaining that her rights under the Eighth Amendment were being violated.

The two senators repeatedly interrupted Netburn’s statements, disregarding the facts of the case and focusing on the inmate’s offense history, while accusing Netburn of being a “political activist.”

Three wardens and a district judge supported Netburn’s recommendation to house Shelby in a women’s prison, considering the violence Shelby faced in previous incarcerations and her medical needs as a transgender individual.

Transgender individuals who are registered sex offenders are at higher risk of experiencing heightened police violence and becoming victims of sexual and physical assault by other inmates while in prison.

Shelby is currently housed alongside other female violent offenders, including cisgender women who have been convicted of similar offenses, in women’s prisons.

Shelby has a criminal history that includes giving child pornography to other sex offenders and raping and molesting two youngsters, a 17-year-old female and a 9-year-old boy.

Kennedy and Cruz repeatedly emphasized Shelby’s height, potentially insinuating that her tall stature may suggest she is not female.

Cruz stated, “You’ve taken a 6’2″ serial rapist, a serial child rapist with male genitalia, and he said, ‘You know, I’d like to be in a women’s prison.’ And your response was, ‘That sounds great to me.'” He continued, “Let me inquire, do the other women in that prison have any rights?”

Netburn asserted, “Every individual who is incarcerated has the right to feel safe in their environment.”

Senator Laphonza Butler (D-CA) permitted Netburn to complete her response to Cruz’s inquiries as he repeatedly interrupted her.

“The petitioner had not committed any acts of violence, whether physical or sexual, while in custody,” Netburn stated. “All three wardens overseeing the petitioner’s case requested her transfer to a women’s facility due to her severe medical requirements. Moreover, the Bureau of Prisons’ longstanding medical provider testified during a two-day hearing in my courtroom and advocated for the petitioner’s transfer based on her significant medical needs.”

“The Transgender Executive Council, responsible for determining transgender transfer requests, never indicated that the petitioner couldn’t be transferred due to any risk of violence,” stated Netburn. “Their denial of her request was based on the requirement for her to maintain her hormone levels.”

“The petitioner had achieved full female hormone levels prior to incarceration. When the district judge in Indiana requested her placement in a women’s facility, her hormone levels were entirely female. The decision by the Transgender Executive Council to deny her transfer request was consistently based on the requirement for hormone consistency and stability, aligning with the standards for cisgender women,” Netburn clarified.

Cruz and Kennedy verbally admonished Butler for granting them additional time to question Netburn.

Conservative media outlets have disseminated the story but often omitted the full transcript of both lines of questioning. Instead, they selectively quote sections where Netburn is compelled to provide incomplete answers.

Cruz also falsely asserted that Netburn contradicted her initial report, which highlighted Shelby’s vulnerability to sexual violence. In her testimony, she referenced Shelby’s potential for perpetrating sexual violence herself.