According to the story, the judge ruled that FGM is properly regulated by the states and that the federal law against it is unconstitutional because it infringes on state authority. Michigan has also passed a law against FGM but apparently after these instances occurred. My guess is that the judge was simply looking for a way to get the Muslim doctors off and, being a judicial activist, he grabbed at anything that gave him an excuse.
From what I can tell, the judge is right in this case. Interestingly, his statement about the unconstitutionality of Federal regulation of medical procedures is a powerful statement about the unconstitutionality of ObamaCare, too.
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According to the story, the judge ruled that FGM is properly regulated by the states and that the federal law against it is unconstitutional because it infringes on state authority. Michigan has also passed a law against FGM but apparently after these instances occurred. My guess is that the judge was simply looking for a way to get the Muslim doctors off and, being a judicial activist, he grabbed at anything that gave him an excuse.
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And, when asked about anti-gun laws vs. 2nd Amend.
Or theft via welfare vs. 5th/13th, property taxes vs. 5th (Takings..as one does not OWN property), or....
Judges sure do love to split hairs