Fox News is reporting the following:
U.S. District Judge Bernard Friedman ruled that Congress had no authority to enact a law that criminalizes female genital mutilation (FGM). “As despicable as [FGM] may be… [Congress] overstepped its bounds” by banning the procedure, the judge said.
FGM is a procedure that leaves the victim scarred for life and can cause serious medical problems as she gets older. It is barbaric. It should be banned by cultural norms, but because of the Muslim influences in our government, a judge has allowed the procedure to continue.
The article continues:
Michigan state Sen. Rick Jones also slammed the ruling.
“I’m angry that the federal judge dismissed this horrific case that affected upwards of a hundred girls who were brutally victimized and attacked against their will,” he said in a statement. “This is why it was so important for Michigan to act. We set a precedent that female genital mutilation will not be tolerated here … I hope other states will follow suit.”
The case in Michigan prompted state officials to pass a state law officially banning FGM. The law carries a penalty of 15 years in prison for assisting or performing the procedure, but applies only to future instances. Nagarwala and other members of the sect were charged under an old federal law passed by Congress.
The federal law was passed in 1996 under the Commerce Clause of the Constitution. The federal judge ruled the banning of the procedure under the clause was unconstitutional.
“There is nothing commercial or economic about FGM,” Friedman wrote in the opinion. “[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.”
Shannon Smith, Nagarwala’s lawyer, told the Free Press that they are “unbelievably happy” after the judge’s ruling, saying “The impact is huge. It eliminates four defendants from the indictment, and it severely punctures major holes in the government’s case.”
FGM is not an acceptable practice, and all states need to ban the practice immediately. FGM is barbaric and has severe negative health implications for the children who undergo it.