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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 by Jjdoc
Cali
Member since Mar 2016
53473 posts
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
?
@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 by GeauxxxTigers23
TeamBunt General Manager
Member since Apr 2013
62514 posts
Posted on 11/20/18 at 11:49 pm to
Do we get the same types of rulings on vaccinations?
Posted by imjustafatkid
Alabama
Member since Dec 2011
50549 posts
Posted on 11/21/18 at 12:07 am to
That judge should be added to the group of defendants in that case.
Posted by cokebottleag
I’m a Santos Republican
Member since Aug 2011
24028 posts
Posted on 11/21/18 at 12:20 am to
It’s like ancap memes, but in real life.
Posted by cokebottleag
I’m a Santos Republican
Member since Aug 2011
24028 posts
Posted on 11/21/18 at 12:34 am to
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.
Posted by frogglet
Member since Jul 2018
1161 posts
Posted on 11/21/18 at 12:56 am to
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 by frogglet
Member since Jul 2018
1161 posts
Posted on 11/21/18 at 12:59 am to
Okay, I see where the prosecution tried to make the argument:

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 by Esquire
Chiraq
Member since Apr 2014
11644 posts
Posted on 11/21/18 at 3:26 am to
If GM was illegal, we’d all have anteaters.
Posted by Vols&Shaft83
Throbbing Member
Member since Dec 2012
69917 posts
Posted on 11/21/18 at 4:34 am to
quote:

If GM was illegal, we’d all have anteaters.




Poliboard hasn't had a circumcision debate thread in awhile.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98887 posts
Posted on 11/21/18 at 4:38 am to
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.
This post was edited on 11/21/18 at 5:36 am
Posted by PhDoogan
Member since Sep 2018
14947 posts
Posted on 11/21/18 at 5:11 am to
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.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422689 posts
Posted on 11/21/18 at 5:38 am to
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 by SquatchDawg
Cohutta Wilderness
Member since Sep 2012
14218 posts
Posted on 11/21/18 at 6:06 am to
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 by NC_Tigah
Carolinas
Member since Sep 2003
123945 posts
Posted on 11/21/18 at 7:01 am to
quote:

Federal Judge rules on child Genital Mutilation. You won't like it
The facts here are important.
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 by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 11/21/18 at 7:01 am to
Reduced to its essentials, this ruling says
quote:

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.
For this, our resident “small government conservatives” want to send the judge to the guillotine.

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 by NC_Tigah
Carolinas
Member since Sep 2003
123945 posts
Posted on 11/21/18 at 7:09 am to
quote:

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.
FGM, IF if if in fact it is FGM, is a civil rights atrocity. As with any such offense Feds could absolutely claim jurisdiction.
Posted by oogabooga68
Member since Nov 2018
27194 posts
Posted on 11/21/18 at 7:09 am to
Sorry, but anyone comparing male circumcision to FGM is a drooling moron.
Posted by FredBear
Georgia
Member since Aug 2017
15013 posts
Posted on 11/21/18 at 7:10 am to
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.
Posted by NC_Tigah
Carolinas
Member since Sep 2003
123945 posts
Posted on 11/21/18 at 7:37 am to
quote:

Sorry, but anyone comparing male circumcision to FGM is a drooling moron.

Likewise, anyone generically labeling clitoridotomy as FGM is a drooling moron. Is that you? or do you understand the difference?
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 11/21/18 at 8:02 am to
quote:

Do we get the same types of rulings on vaccinations?
Probably not, since failure to vaccinate leads to the spread of communicable disease through the entire population ... unlike FGM.
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