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."
Sick stuff!
Yep! The camel has gotten his nose under our tent. In fact I think that the entire camel is in our tent now. All remains is the mopping up or the tying up the loose ends. President Trump is trying to protect us but is being fought tooth and toenail by the Democrat Party. Which includes the main stream media, the judiciary, institutions of higher learning, and fools and idiots.
Reagan appointee. Been on “senior status” since 2009. He is arguably correct, which sucks:
“One aspect of this constitutional balance is that the “States possess primary authority for defining and enforcing the criminal law.” Brecht v. Abrahamson, 507 U.S. 619, 635 (1993). In the same vein, the Supreme Court has noted that in the area of “criminal law enforcement . . . States historically have been sovereign,” United States v. Lopez, 514 U.S. 548, 564 (1995), and that “[t]he Constitution . . . withhold[s] from Congress a plenary police power.”....“we can think of no better example of the police power, which the Founders denied the National Government and reposed in the States, than the suppression of violent crime and vindication of its victims.” Id. at 618.”
https://content-static.detroitnews.com/pdf/2018/US-v-Nagarwala-dismissal-order-11-20-18.pdf
What good are the executive and legislative branches anymore? The judiciary dominates the other two.
The pro-gay marriage, pro-affirmative action, pro-Muslim judge is Jewish, of course.
Michiganistan!
Oh, never mind. I made a mistake here.
Declare that no government money can be used to pay for FGM.
HEADLINES:
Another Judge purchased by muslim interests in Detroitistan.
Water STILL wet; Sun scheduled to rise in Eastern sky as scheduled.
I’m afraid the “rule of law” is dead in this country, even on this forum.
Had a heated discussion defending the “rule of law” on this thread and was surprisingly fervently challenged.
http://www.freerepublic.com/focus/f-news/3707175/posts
I’m actually amazed at this decision, since undoubtedly Judge Friedman is “intimately familiar with male circumcision, “which is another form of genital mutilation in the name of religion.” As they say, “It won’t be long now!”
Local law enforcement is probably fine with it.
While we are being focussed on the southern border ......
While we are being focussed on the southern border ......
I don’t care if he was nominated by Reagan or not, he is wrong and needs to be impeached.
Okay, the act is grotesque and every state should ban it.
That being said, the judge is right in saying that using the commerce clause to regulate a (disgusting) medical procedure is a bridge too far.
How often are religious parents prosecuted for denying their children medical help, content to rely on Jesus? I don’t see this as majorly different.
Other than the violent assault with an edged weapon that mutilates the victim of FGM it’s no different at all.
So Gay Conversion Therapy can be outlawed, but not this. Hmmm...….
I know nothing about the FGM procedure/practice but it sounds horrible. However, I worry that laws against it will be used to criminalize circumcision.(which I’m sure the antisemitic/anti God left would love to do) If it is inherently different, I’d love to hear.
It clearly is not controlled by federal authority. Another example of “States Rights.”
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