Posted on 11/20/2018 3:36:32 PM PST by Mr. Mojo
DETROIT (WJBK) - A federal judge has dismissed six charges of female genital mutilation against a doctor, declaring the nation's female genital mutilation law as unconstitutional.
The federal judge in Detroit ruled in the historic case on Tuesday, ruling the law that prevents female genital mutilation (FGM) is unconstitutional. U.S. District Judge Bernard Friedman ruled that congress does not have the authority to make FGM illegal, which it had been classified as illegal under the Necessary and Proper Clause or the Commerce Clause.
Doctor charged with female genital mutilation could face life in prison
The case involved Dr. Jumana Nagarwala who had been awaiting trial on female genital mutilation charges. She was arrested in the summer of 2017 and was released on a $4.5 million bond.
According to the opinion filed by Friedman, congress had banned FGM under a statute that states "whoever knowingly circumcises, excises, or infibulates the whole or any part of the labia majora or labia minora or clitoris of another person who has not attained the age of 18 years shall be fined under this title or imprisoned not more than 5 years, or both."
Prosecutors said she did that with at least six girls at a clinic in the Detroit area, including two girls from Minnesota. The doctor denies that she committed a crime and says she performed a religious custom from her Muslim sect, the India-based Dawoodi Bohra.
The doctor, through her attorneys, argued that the law that the federal government had been using to charge her was passed through Congress without proper vetting.
Her attorneys argued that the act of FGM had no bearing on commerce, which judge Friedman agreed with in his opinion:
"That clause permits Congress to regulate activity that is commercial or economic in nature and that substantially affects interstate commerce either directly or as part of an interstate market that has such an effect. The government has not shown that either prong is met."
She’s just a sweet little angel of mercy, relieving all those women of sexual pleasure. (Photo at link)
This was from a Reagan judge on senior status.
Friedman, Bernard A.
Born 1943 in Detroit, MI
Federal Judicial Service:
Judge, U.S. District Court for the Eastern District of Michigan
Nominated by Ronald Reagan on February 2, 1988, to a seat vacated by Robert Edward DeMascio. Confirmed by the Senate on April 19, 1988, and received commission on April 20, 1988. Served as chief judge, 2004-2009. Assumed senior status on January 1, 2009.
Education:
Detroit College of Law (now Michigan State University College of Law), J.D., 1968
Professional Career:
U.S. Army lieutenant, JAG Corps, 1967-1968
U.S. Army Reserve lieutenant, JAG Corps, 1968-1973
Felony trial prosecutor, Wayne County, Michigan, 1969-1970
Private practice, Detroit, Michigan, 1970-1974
Private practice, Southfield, Michigan, 1974-1982
Judge, Michigan District Court, Forty-Eighth Judicial District, 1982-1988
In the ‘old’ country they use any old piece of broken glass and no anesthetic ... much as the Moroccans do for little boys up for sale as eunuchs.
Why is this case in Federal court in the first place? Is local law enforcement already so corrupted that it will not address this form of aggravated assault against its citizens? And don’t tell me such butchery is protected under the First Amendment.
???? Congress is not allowed to pass laws? I thought that was precisely their job? The judge has no problem with FGM. What is Michigan turning into?
It is a barbaric practice and all states should make it a severe crime to do it.
It is not the Federal governments business tho. I hate to agree with him but the judge is right.
This could get INTERESTING. My first reaction was to be appalled, as he’s essentially saying that if Muslims want to mutilate their women, that is just fine.
But instead he’s saying that the infamous “Commerce Clause” of the Constitution that is used to legalize everything from school lunches to Social Security is being abused here, and that if certain states want to prevent women from being mutilated, that’s fine, providing it’s done at the state level, and likewise if certain states are good with tearing up a woman’s private parts, that’s also fine.
Extend this to its logical conclusion, which could very well happen with a CONSERVATIVE Supreme Court and 80% of the federal government goes away, virtually overnight.
Hopefully this is APPEALED and we can get back to the RULE OF LAW in this country.
And don’t tell me such butchery is protected under the First Amendment.
Thanks for your interpretation, I read it a couple of times and came to the same conclusion.
Congress is allowed to pass laws only on those topics listed in the Constitution. The Government tried to defend this as a regulation of "interstate commerce," which the Reagan-appointed judge correctly found to be baseless.
The Supreme court allows defenseless babies to be butchered alive. Why should this be any different? This needs to become a giant national issue in order to show the grotesque infection that Muslims and liberals truly are.
Because only white Christian males can’t be bother satisfying their partners because they selfish Capitalists.
Muslim men are trained in female satisfaction from a very young age and aren’t selfish bastards
/s <— Do I really need this?
So it’s okay to mutilate little girls now??
Chipping away at our nations laws and social structure a little at a time.
Accommodation here, accommodation there, and before you know it, we’re conquered.
But a liberal would string you up, without hesitation, if you prayed for your homosexual son or daughter to see the error of their ways.
The doctor needs his member spatchcocked.
But a liberal would string you up, without hesitation, if you prayed for your homosexual son or daughter to see the error of their ways.
He’s a military man so he knows what he’s talking about. This is Detroit right? That place is lost.
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