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Federal Judge rules on child Genital Mutilation. You won't like it
Posted on 11/20/18 at 11:47 pm
Posted on 11/20/18 at 11:47 pm
quote:
“Outrageous,” said a tweet from Ayaan Hirsi Ali, a U.S.-based advocate, who was born in Somalia and underwent Somalia’s severe form of the Islamic practice, dubbed FGM for Female Genital Mutilation. “Cutting girls genitals is a crime and must be prosecuted,” she added.
“Wait! What? Judge dismisses key charges in genital mutilation case,” said a tweet from Trump supporter Katrina Pierson: “I had no idea that we needed laws against #FGM in the United States.”
quote:
Ann Coulter
?
@AnnCoulter
Our new country's going to be GREAT! Detroit: Judge rules genital mutilation law unconstitutional.https://bit.ly/2R0GRxe
quote:
Matthew Scott
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@Barristerblog
US court rules federal anti-FGM legislation is unconstitutional. https://www.scribd.com/document/393706333/Judge-dismisses-several-charges-in-FGM-case#from_embed?campaign=SkimbitLtd&ad_group=88890X1542029X2d962ab9fdfed6f090e5e69d67146505&keyword=660149026&source=hp_affiliate&medium=affiliate …
3
5:06 PM - Nov 20, 2018
The judge is a libertarian.
LINK
Posted on 11/20/18 at 11:49 pm to Jjdoc
Do we get the same types of rulings on vaccinations?
Posted on 11/21/18 at 12:07 am to Jjdoc
That judge should be added to the group of defendants in that case.
Posted on 11/21/18 at 12:20 am to Jjdoc
It’s like ancap memes, but in real life.
Posted on 11/21/18 at 12:34 am to Jjdoc
After reading the judge’s opinion in the article, I completely see where he is coming from.
He’s also the kind of fricktard that makes the rest of us laugh at libertarians. He has decided that somehow, there will be enough behind the support of his reinterpretation of the commerce clause to back his opinion up at the SCOTUS level.
Is it textual? Sure. Thanks to precedent though, a textual reading of the commerce clause is a reinterpretation.
This is going to get overturned on appeal and I think we all know that. The judiciary is not going to scrap 4/5ths of the federal government because of one libertarian judge.
He’s also the kind of fricktard that makes the rest of us laugh at libertarians. He has decided that somehow, there will be enough behind the support of his reinterpretation of the commerce clause to back his opinion up at the SCOTUS level.
Is it textual? Sure. Thanks to precedent though, a textual reading of the commerce clause is a reinterpretation.
This is going to get overturned on appeal and I think we all know that. The judiciary is not going to scrap 4/5ths of the federal government because of one libertarian judge.
Posted on 11/21/18 at 12:56 am to cokebottleag
There's always still a BS allusion to the commerce clause when they justify these federal laws though. They always find a strange way to connect it to that, but in this case what would the argument that connects this to the commerce clause be?
Posted on 11/21/18 at 12:59 am to frogglet
Okay, I see where the prosecution tried to make the argument:
That is really flimsy, but the justifications almost always are, so it's really hard for me to judge if it is more or less flimsy than usual.
quote:
The prosecution disagrees, arguing genital mutilation is an illegal, secretive and dangerous health care service that involves interstate commerce on a number of fronts: text messages are used to arrange the procedure; parents drive their children across state lines to get the procedure; and the doctor uses medical tools in state-licensed clinics to perform the surgeries.
That is really flimsy, but the justifications almost always are, so it's really hard for me to judge if it is more or less flimsy than usual.
Posted on 11/21/18 at 3:26 am to Jjdoc
If GM was illegal, we’d all have anteaters.
Posted on 11/21/18 at 4:34 am to Esquire
quote:
If GM was illegal, we’d all have anteaters.
Poliboard hasn't had a circumcision debate thread in awhile.
Posted on 11/21/18 at 4:38 am to Jjdoc
Considering the Commerce Clause justification for the Violence Against Women Act was similarly tossed in the Morrison decision, and the further restriction on the CC in the Obamacare decision, this ruling is not surprising.
The states should be outlawing this.
The states should be outlawing this.
This post was edited on 11/21/18 at 5:36 am
Posted on 11/21/18 at 5:11 am to udtiger
Why should there be a specific law banning FGM? Why aren't existing child abuse, endangerment and battery laws sufficient for local prosecutors to bring charges?
Why would it be any different than if their religious belief was to blind their daughters? May be more extreme, but same principle: see no evil, do no evil.
What get's me is that the same party that professes to be the champion of women's rights puts these lizards in the same tent.
Why would it be any different than if their religious belief was to blind their daughters? May be more extreme, but same principle: see no evil, do no evil.
What get's me is that the same party that professes to be the champion of women's rights puts these lizards in the same tent.
Posted on 11/21/18 at 5:38 am to cokebottleag
quote:
This is going to get overturned on appeal and I think we all know that. The judiciary is not going to scrap 4/5ths of the federal government because of one libertarian judge.
basically
this is the libertarian equivalent of "at least it started a conversation"
you have to imagine he could have chosen a better case to make this point, though
Posted on 11/21/18 at 6:06 am to SlowFlowPro
I agree with the judge. Regardless of how bad this is, it should be a state issue. That’s what cap C conservatives believe, right?
Posted on 11/21/18 at 7:01 am to Jjdoc
quote:The facts here are important.
Federal Judge rules on child Genital Mutilation. You won't like it
Interestingly, neither side is providing them.
Why is that?
I have yet to see anything approaching a strictly fact-based medical description as to what was actually done to these girls. The term genital mutilation is being tossed out by prosecutors, and conjures up visions of horrendous atrocity. Unfortunately it is a term often ignorantly or deceitfully misapplied. Using this loose application, male circumcision could similarly be described as "genital mutilation." Is that what is occurring here? Who knows. Facts are not being reported to enable an answer.
Mislabeling is a big problem on both sides. I've cared for true genital mutilation victims. As bad as one might imagine, these were worse. Horrible! All were immigrants from the ME/NA. All involved total clitorectomies, i.e., amputation of the clitoris. Such clitorectomies +/- introitus mutilation have been repeatedly mislabeled by an ignorant, complicit, and/or radical-islamophilic press as "Female Circumcision". That is about like calling amputation of the leg "a bunionectomy".
On the other hand, true female circumcision (aka clitoridotomy) which constitutes removal or reduction of a portion of the clitoral hood, though less purposeful than its male equivalent, is not mutilation at all. It is actually a requested procedure by adult women, and can enhance sexual response.
Both radical Islam and the WHO engage deliberate political and medically duplicitous efforts to mislabel clitoral amputation as "female circumcision". Each do so for its own purpose. Press adoption of the term "circumcision" in those instances is as ridiculous as calling the result of Lorena Bobbitt's attack a "circumcision".
The question in this case needs to get beyond potentially misleading terminology, and to the true facts as to what was done.
This post was edited on 11/21/18 at 9:08 am
Posted on 11/21/18 at 7:01 am to imjustafatkid
Reduced to its essentials, this ruling says
If this statute had (instead) tried to create federal crime for jaywalking entirely within one State, would we see the same uproar against the judge? Of course not. But FGM makes us angry, so it simply MUST be a federal crime.
Sound like any Libs you know?
quote:For this, our resident “small government conservatives” want to send the judge to the guillotine.
FGM is a State issue (and is likely already criminalized in every State), and the US Congress had no Constitutuional authority to make it a federal crime.
If this statute had (instead) tried to create federal crime for jaywalking entirely within one State, would we see the same uproar against the judge? Of course not. But FGM makes us angry, so it simply MUST be a federal crime.
Sound like any Libs you know?
This post was edited on 11/21/18 at 7:04 am
Posted on 11/21/18 at 7:09 am to AggieHank86
quote:FGM, IF if if in fact it is FGM, is a civil rights atrocity. As with any such offense Feds could absolutely claim jurisdiction.
FGM is a State issue (and is likely already criminalized in every State), and the US Congress had no Constitutuional authority to make it a federal crime.
Posted on 11/21/18 at 7:09 am to Jjdoc
Sorry, but anyone comparing male circumcision to FGM is a drooling moron.
Posted on 11/21/18 at 7:10 am to Jjdoc
Meh. If liberals want to mutilate their own children I say let them. They already poison their minds with their bullshite ideology so they may as well frick them up the rest of the way.
Plus I have zero fricks to give about the well being of libs or their kids.
Plus I have zero fricks to give about the well being of libs or their kids.
Posted on 11/21/18 at 7:37 am to oogabooga68
quote:Likewise, anyone generically labeling clitoridotomy as FGM is a drooling moron. Is that you? or do you understand the difference?
Sorry, but anyone comparing male circumcision to FGM is a drooling moron.
Posted on 11/21/18 at 8:02 am to GeauxxxTigers23
quote:Probably not, since failure to vaccinate leads to the spread of communicable disease through the entire population ... unlike FGM.
Do we get the same types of rulings on vaccinations?
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