Posted on 11/21/2018 4:16:59 AM PST by C19fan
A federal judge dismissed charges Tuesday against two doctors and six others involved in the genital mutilation of nine girls at a Detroit clinic, and also declared a US law banning the practice unconstitutional. US District Judge Bernard Friedman dismissed mutilation and conspiracy charges against Dr. Jumana Nagarwala, who performed the surgery, and Dr. Fakhruddin Attar, who allowed his clinic in Livonia, Michigan, to be used for the procedure. The same charges were dismissed against Attar's wife, Farida, and Tahera Shafiq, who assisted in the procedure, as well as four women who tricked their daughters into going to the suburban clinic to undergo the practice for religious purposes. Four of the nine girls are from Michigan; the others are residents of Illinois and Minnesota.
(Excerpt) Read more at dailymail.co.uk ...
False equivalence. It’s also a presumption that FGM is “free exercise of religion”, which it is not.
First, I neither stated nor implied “judicial activism from the right.”
Second, addressing female genital mutilation is under States not Federal purview.
I do not respond to non-existent statements, i.e. if I can help it.
Activists judges on the left should not excuse nor encourage judicial activism from the right.
You misinterpreted what I said. I was hypothetically stating that “potentially” one does not demand similar behavior from the other.
I stand by my statement of never stating or implied that “there IS or WAS” judicial activism on the right. Although some might disagree with that.
I wasn’t aware that it was common practice for a Federal judge to kick an issue to a state court or vise versa.
‘As despicable as this practice may be, it is essentially a criminal assault. FGM is not part of a larger market and it has no demonstrated effect on interstate commerce.
‘The Commerce Clause does not permit Congress to regulate a crime of this nature,’ Friedman said.
“He wrote: ‘FGM is a “local criminal activity” which, in keeping with long-standing tradition and our federal system of government, is for the states to regulate, not Congress.”
I did not read the 28 page decision but it certainly appears that his decision was based on an invalid (overstretching) usage of the Commerce Clause by Congress when drafting the law. I saw no reference to his relying on a conflict with First Amendment protections for his decision.
....female genital mutilation.......
Good grief what part of that title alone don’t people understand! It’s beyond an assault....it’s ritualistic tribal torture.
The state of Michigan actually has harsher penalties (15 yrs) for FGM than the federal penalty(10 yrs.)
The balls now in their court and rightly so.
So the Law doesn’t apply to everyone equally? If I had a young daughter, and took her to a medical practitioner and asked for a referral to a surgeon who would carry out the procedure, and that practitioner refused, where would I go from there?
Or would that practitioner reach into his desk-drawer, pull out a razor-blade and indulge my wish to mutilate my child?
Never mind, all cultures are equal, there are no barbarians, to suggest there are, one has to be a NAZI.
A member of the National Socialist Party...that’s where RINO’S go to die.
That’s about it. Separate laws for Muslims in Michigan.
Who would even want to live in the State of Michigan?
Next it will be that Muslims cannot be charged with
pedophilia or bigamy.
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