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."
Sharia just getting started in the US
So let's appeal this seemingly odious ruling all the way to SCOTUS and hope that it's upheld and used to gut Wickard v. Filburn or overturn it altogether.
In the meantime, Michiganders, why not get your own state law against FGM before the Moslems become to numerous to prevent its passage.
That poor, tortured Commerce Clause. It’s about its abuse was reined back. But this case? Surely there must be better Constitutional grounds for outlawing that narbaric practice.
I believe FGM is closer to having the entire head of the penis cut off, rather than just the foreskin. This “nicking” of the clitoral hood could be a cover story for the actual mutilation that occurs.
He is NOT saying that the procedure is protected because the practitioners are Muslims, which is what some mouth-breathers are implying in this thread.
But I do hope it will be appealed, because it could be really interesting to see a Commerce Clause case like this affirmed at the Circuit or Supreme Court level.
I’m just stunned. Who knew the comerce clause still existed?
Thank you for the info.
THEN GO BACK TO YOUR HELLHOLE IN THE EAST DAMNED you!!!
Dr. MYAzz...
Murder is also not a federal crime also
There are three levels of FGM:
the first, a simple slit, is equivalent to a dorsal slit type circumcision and causes no harm.
The second removes the clitoris and affects a woman's sex life and can cause urinary problems, but the harm is minimum
The third type removes everything outside, and causes pain with sex, and obstruction in labor. One of the reasons that fistulas are so common in parts of Africa, from obstructed labor.
And this predates Islam: Indeed, Mohamed knew he would upset people if he forbad it, so he said “just cut a little”. So one could argue only the first type is haram.
and I should note it is done in non Muslim populations.
Of course, in a world where pre teens are having their genitals cut for “gender dysphoria” it is hard to argue that you can't do this to girls.
It is done shortly before puberty, similar to male circumcision in Islam, not on infants.
So without finding what was being done, you don't know if the judge is crazy or if the docs were doing the minimal cut.
Praying for them does not equate to forcing them into conversion therapy.
....................
Can you please define exactly what conversion therapy is? If not, then
why don’t you shut up and let parents raise their children as they choose, short of physically mutilating them?
Separate from this case, the “Commerce Clause” of the US Constitution has been badly abused by courts for decades, to insert the federal govt into so many areas that are not really to do with interstate commerce. SO the judge may be taking a very sensible position that should have been taken many times before, that the Commerce Clause should not be used to permit federal intervention in every imaginable circumstance.
But whether FGM is the right point to finally start pushing back on this trend, I don’t know. It is true that in our system criminal law should mainly be the province of state and local govt, with carefully defined exceptions.
Damn right. A barbaric practice that should never been allowed in the U.S. from the start.
The most sensitive part of the penis is not the glans/head; that’s all that’s left to be sensitive since the rest is cut off (most often without anesthesia) so grown men don’t even know what is missing.
A federal judge has dismissed six charges of female genital mutilation against a doctor, declaring the nation's female genital mutilation law as unconstitutional.
Virtue signaling convinces the left of its own unimpeachable morals. When push comes to shove, it rejects guilt for any of its wrongdoing and attributes such allegations to conspiracy theories.
Peter Daou, a Democratic strategist and former advisor to Hillary Clinton and John Kerry, tweeted on Monday that Ford will be "attacked, smeared, and demonized" and that people must "BELIEVE WOMEN."
However they need to be more consistent...there’s a whole lot of other laws masquerading as regulation of interstate commerce that aren’t.
we really require a hard, severe purge in this nation. very hard reset.
Barbarism masquerading as religion.
“Damn right. A barbaric practice that should never been allowed in the U.S. from the start.’
I guess it depends on which religion is involved.
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