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Federal judge orders female genital mutilation charges dropped in Detroit

Posted on 11/20/18 at 6:46 pm
Posted by MrLSU
Yellowstone, Val d'isere
Member since Jan 2004
25900 posts
Posted on 11/20/18 at 6:46 pm
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.

A federal judge on Tuesday declared the country’s female genital mutilation law as unconstitutional, dismissing nearly all charges against two doctors in Michigan and others accused of subjecting minor girls to genital cutting at a clinic in Detroit.

Fox 2 Detroit

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.

Two other people, Dr. Fakhruddin Attar and Farida Attar, have been charged in this case, the first U.S. case of its kind.

The government says the alleged acts occurred at Dr. Attar's clinic with his approval. Farida Attar is accused of assisting Nagarwala.
This post was edited on 11/20/18 at 6:48 pm
Posted by el Gaucho
He/They
Member since Dec 2010
52894 posts
Posted on 11/20/18 at 6:50 pm to
See. Your average Muslim isn’t a terrorist, they’re normal people
Posted by shutterspeed
MS Gulf Coast
Member since May 2007
63145 posts
Posted on 11/20/18 at 6:52 pm to
This should mindfrick progressives pretty good.
Posted by Bunk Moreland
Member since Dec 2010
52821 posts
Posted on 11/20/18 at 6:52 pm to
I'll defer to SFP and our other constitutional law scholars on those aspects. I've been before Judge Friedman a bunch and he is very fair. I mean, not to sound like I'm pro genital mutilation, but do we really need a federal law on this?
Posted by Bestbank Tiger
Premium Member
Member since Jan 2005
70671 posts
Posted on 11/20/18 at 6:52 pm to
Let me get this straight...

Banning genital mutilation of nonconsenting minors is unconstitutional

But if nuns tell you to pay for your own birth control pills, the government has the right to step in?
Posted by TigersSEC2010
Warren, Michigan
Member since Jan 2010
37350 posts
Posted on 11/20/18 at 6:53 pm to
Michigan and Minnesota are overrun with shithole transplants.
This post was edited on 11/20/18 at 6:53 pm
Posted by BluegrassBelle
RIP Hefty Lefty - 1981-2019
Member since Nov 2010
98815 posts
Posted on 11/20/18 at 6:54 pm to
From the article:

quote:

"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."


So they’re saying Congress doesn’t have the authority to make it illegal. I get why it may not under this specific clause but surely there is something else that can be passed/enacted.

This post was edited on 11/20/18 at 6:55 pm
Posted by HailHailtoMichigan!
Mission Viejo, CA
Member since Mar 2012
69215 posts
Posted on 11/20/18 at 6:54 pm to
How long before some asshat comes into the thread comparing male circumcision with female mutiliation
Posted by fallguy_1978
Best States #50
Member since Feb 2018
48271 posts
Posted on 11/20/18 at 6:59 pm to
quote:

This should mindfrick progressives pretty good

Except it won't. That's the problem
Posted by foshizzle
Washington DC metro
Member since Mar 2008
40599 posts
Posted on 11/20/18 at 6:59 pm to
quote:

Your average Muslim isn’t a terrorist, they’re normal people


Genital cutting is not an "average Muslim" practice to start with. It's actually quite rare among that demographic.
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
134817 posts
Posted on 11/20/18 at 7:01 pm to
quote:

Let me get this straight...

Banning genital mutilation of nonconsenting minors is unconstitutional


I don't support that ruling, but you could make this same case for circumcision
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
134817 posts
Posted on 11/20/18 at 7:02 pm to
quote:

How long before some asshat comes into the thread comparing male circumcision with female mutiliation



Posted by ForeverEllisHugh
Baton Rouge
Member since Aug 2016
14763 posts
Posted on 11/20/18 at 7:06 pm to
quote:

How long before some asshat comes into the thread comparing male circumcision with female mutiliation


Serious question: why isn’t it a valid comparison?

I had my genitals cut without my consent but im damn thankful not to be an anteater.
Posted by BluegrassBelle
RIP Hefty Lefty - 1981-2019
Member since Nov 2010
98815 posts
Posted on 11/20/18 at 7:06 pm to
quote:

This should mindfrick progressives pretty good.


It’s a Federal law that was enacted back in 1996 (put forth in Congress by Rep. Pat Schroeder-D) and it’s been supported pretty widely by the WHO and such.

They’re simply arguing that because it was never argued on the floor and the like that it’s unconstitutional.

I found another article that explained a bit better the basis of argument.

quote:

“The law was never debated on the floor of either chamber of Congress nor was there ever any legislative hearing addressing the justification or need for the federal law. Instead, all that exists is the criminal statute itself,” defense lawyers have argued in court documents, claiming the driving force behind the legislation was one lawmaker’s belief that the prohibited conduct was ‘repulsive and cruel.’”

But the Constitution demands more than that, the defense has argued, claiming Congress could not have passed a female genital mutilation ban under the Commerce Clause because “notably, here, the activity being regulated has absolutely no effect on interstate commerce.”


LINK
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
134817 posts
Posted on 11/20/18 at 7:08 pm to
quote:

Serious question: why isn’t it a valid comparison?

I had my genitals cut without my consent but im damn thankful not to be an anteater.



I assume circumcision has a basis in health whereas FGM has a basis in denying women coital pleasures
Posted by shinerfan
Duckworld(Earth-616)
Member since Sep 2009
22169 posts
Posted on 11/20/18 at 7:09 pm to
quote:

They’re simply arguing that because it was never argued on the floor and the like that it’s unconstitutional.





Was it voted on?
Posted by HailHailtoMichigan!
Mission Viejo, CA
Member since Mar 2012
69215 posts
Posted on 11/20/18 at 7:11 pm to
Oh look, foshizzle defending moslems once again

And he is wrong here

Somalia: Muslim nation: 98% of women 15-49 have been mutiliated

Egypt: 87%

Sudan: 87%

Etc etc.....every single major Islamic African nation has female mutiliation rates above 70%

Even in the Middle East, the rates are startlingly high: 15% in Iraq and Yemen


Posted by HailHailtoMichigan!
Mission Viejo, CA
Member since Mar 2012
69215 posts
Posted on 11/20/18 at 7:12 pm to
Circumcision is for health reasons (Smegma)

These third world shitholes cut off the girl’s pleasure-feeling structures

They aren’t comparable at all
Posted by Kafka
I am the moral conscience of TD
Member since Jul 2007
141423 posts
Posted on 11/20/18 at 7:13 pm to
quote:

surely there is something else that can be passed/enacted
I wish they'd pass the Anti Arab Act
Posted by BluegrassBelle
RIP Hefty Lefty - 1981-2019
Member since Nov 2010
98815 posts
Posted on 11/20/18 at 7:13 pm to
quote:

Was it voted on?


Yes. It also sounds like they’re arguing it can’t be enforceable under the Commerce clause.

It got tacked onto an anti-illegal immigration bill.

LINK
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