Rule Five Defining A Woman Friday

What is a woman? A woman is an adult female of the genus Homo.

It’s a trifle baffling (and, yes, the choice of discussing this on Rule Five Friday is deliberate, as you can see a vivid example of womanhood in the illustrations) that so many people have trouble with this simple concept; in fact, some of them are supposedly judges.

My RedState colleague and friend Becky Noble penned a piece on this very topic the other day.

Judge Sarah Netburn is a United States Magistrate Judge. She has been nominated by President Joe Biden for a seat on the United States District Court for the Southern District of New York, a very prestigious nomination indeed. But there is just one problem: Recently, during her nomination hearing, when given a series of questions by Sen. Lindsey Graham (R-SC), one of those questions pertained to wording in a ruling from August 2022 that directed a biological male prisoner to be housed in a women’s prison.

“In your Report & Recommendation, you open your ‘Factual Background’ section by stating: ‘At birth, people are typically assigned a gender.’ … Is it possible to determine a person’s sex by only analyzing their chromosomes?”

Judge Netburn’s response may sound like a road we have been down before. She replied, “I have never studied biology, and therefore I am unqualified to answer this question.” Never having “studied biology” appears to be a qualification for Biden judicial appointees. If you recall, now Supreme Court Justice Ketanji Brown Jackson also had trouble with simple biology when asked by Sen. Marsha Blackburn, “Can you provide a definition for the word ‘woman’?” To which Justice Brown Jackson replied, “Can I provide a definition? No, I can’t.” When Blackburn pressed her, she now famously, or infamously added, “Not in this context, I’m not a biologist.”

What utter drivel and goo.

Prevarication of this sort should instantaneously result in her being disqualified. This isn’t exactly cutting-edge science;  this is something that has been known on an instinctual level since long before our most distant ancestors came down from the trees, as it were.

But then, this woman (for that is what she is, her legal or biological education or lack thereof notwithstanding) is interviewing, in effect, for a job that will have her deciding such things as whether men should be allowed in women’s private facilities, like bathrooms and locker rooms. And, I remind you, her track record on that is not good:

It might be one thing to rattle off a ridiculous response like that in the environment of a hearing, but in Judge Netburn’s case, it has very real ramifications. The potential inmate in question pleaded guilty to molesting a nine-year-old boy, a class B felony, raping a 17-year-old girl, and criminal deviate conduct in the rape case; both are also class B felonies. The suspect was sentenced to two consecutive 18-year prison terms in an Indiana state prison and was released on parole after 18 years, but violated the terms of parole by having internet access in his apartment and was resentenced to six years.

This idiot judge put this idiot rapist in a women’s prison.

There is no sane universe in which Sarah Netburn should be presiding over any legal proceeding, anywhere, ever.