Originally Posted at Free Market Shooter – Authored by Jon Hall
Last year, the first federal case involving female genital mutilation (FGM) was filed in the United States against two Michigan doctors. Dr. Fakhruddin Attar and emergency room physician, Jumana Nagarwala were charged with performing the procedure on two 7-year-old girls.
However, U.S. district judge Bernard Friedman ruled on Tuesday that an anti-FGM law was unconstitutional and that Congress had no authority to enact a law that criminalizes the practice.
Furthermore, Friedman dismissed the charges of female genital mutilation against Nagarwala and Attar. The charges against three mothers implicit in the FGM procedures were dropped and Tahera Shafiq, who was accused of participating in the procedures, also had the charges against her dropped.
Nagarwala and Attar, however, still face conspiracy charges and an obstruction count that could send them to prison for upwards of 20 years.
The wife of Fakhruddin Attar, Farida Attar, is accused in indictments of giving one of the girls who underwent the procedure Valium that was ground up in liquid Tylenol.
Farida Attar’s trial is set for April of 2019.
Although defense lawyers claim the procedures performed on the girls was “benign” and not FGM – and have accused the government of overreaching – one must wonder where the line between a procedure being or not being female genital mutilation is drawn.
Since 1996, the procedure has been illegal in the U.S. and the World Health Organization has specified there are no medical benefits for girls and women to undergo the procedure.
In his 28-page opinion, Friedman detailed that Congress didn’t have the authority to pass the 22-year-old federal law that criminalizes FGM – and claims it’s up to the states to regulate.
Nagarwala has been steadfast in her claim that she’s committed no crime and that she was charged under a faulty law:
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…But the Constitution demands more than that… Claiming Congress could not have passed a female genital mutilation ban under the Commerce clause because… the activity being regulated has absolutely no effect on interstate commerce.
Friedman agreed with and backed up the point:
There is nothing commercial or economic about FGM. 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.
The true question regarding Friedman’s ruling is if he is such a supporter of “states’ rights”, would he rule in a similar vein if it were case concerning a conservative issue?
Notably, FGM has been condemned worldwide and is illegal in more than 30 countries.
If Friedman had a history of standing up for states’ rights and limiting the power of the federal government, the ruling could be considered halfway brave – but it’s just yet another instance of political correctness, using subversion and conservative culture against traditionalism.
For now, a barbaric and vicious practice has been allowed to skate by in the U.S. from a mere loophole – with the pain and suffering of prepubescent girls simply ignored and written off. How very convenient that Friedman gave such a lenient ruling to a case involving what is essentially female circumcision – when male circumcision is now basically a religious ritual, akin to the sheer lunacy of FGM.
Another convenient aspect of this situation?
In 2014, Friedman overruled Michigan’s same-sex marriage ban as unconstitutional. So much for states’ rights!
Fucking Muslims – the gift that keeps on giving. How did these fucks become doctors?
But then again it’s Michigan – home to Detroit – where 50% of the adults are functionally illiterate (and 1/2 of them have a high school diploma).
Sick and the left wing judge that ruled on it.
Was that a left wing judge or one who thinks the federal government has usurped state authority? It’d take a real stretch to apply the Commerce Clause here. Maybe the mutilators in Michigan are bringing down the cost of genital mutilation in other states.
Iska asks the right question. The judge said he abhorred the practice, but the Constitution said this is a states’ rights issue. Finally a judge who acts on law and not personal feeling about right/wrong
He’s some kind of asshole. He basically allowed these people to walk simply by not throwing the case out of court. Michigan has passed a more stringent law than the federal one. By taking the case he shielded the defendants from double jeopardy. Michigan is unable to prosecute as a result.
Just one opinion but my lawyer daughter had a laundry list of why this guy is an asshole and multiple defects in his ruling and why he should be overturned.
Now if we could get “male genital mutilation (circumcision) banned as well, we might be getting somewhere. There is NEVER a reason to remove a normally functioning clitoris or foreskin.
What about this foreskin that calls himself a judge?
Could we postdate an abortion?
As mentioned it could be considered a criminal assault on a defenseless minor add that to child abuse or neglect for letting this go on . Next to the medical board to have a license suspended or revoked . As for these savage practices you do notice you never hear about the removal of male genitals after the family has an older male to inherent the family wealth just the girls . Come on feminists get out in the streets screaming with your pink hats on this one .
Should murder be a federal crime? If a federal statute against murder is declared unconstitutional, would that mean the judge likes murder?
Does all this mean that pussy-hats will now be sold in two variants?
Let’s see Linda Sarsour model the pink hajib on MSNBC.
moslims are fucking scum. It’s the height of insanity allowing them to even step foot in this country much less emigrate. Hard to imagine a country killing itself but it’s happening and we’ve got front row seats.
That’s why a realist would view Milosevic as the only guy in Europe who had a clue.
Until they stop cutting up little boy dicks, then I am 100% in favor of Compassionate Clitoris Correction.
After all, fair is fair.
In 1920-1921 Henry Ford’s Dearborn Independent, despite howls of protest, published a weekly article on the JQ which would eventually be compiled into “The International Jew.” Makes me wonder if the absolute destruction of Michigan is payback.
I am totally astounded that we have let this all happen in our western societies. That this should even be debated is beyond the pale.
Michiganistan is following closely behind Minnesotastan as onclaves of crazy jihadis, hell-bent on making their states sharia compliant. The monstrously stoopid citizens in those states do nothing. They’ll wake up one day forced to prayer 5 times daily or lose their heads to the sword.
Kill them all with bullets doused in bacon grease.
Got off free,seems .40 cents or so(less if you reload)would end this case with justice.I guess it would cost a bit more actually since the parents who allowed/enabled this to happen also need some “justice”,am more then willing to contribute the cost though.