Judge dismisses female genital mutilation charges in historic case

[rangerrebew]

Judge dismisses female genital mutilation charges in historic case

The historic case involves minor girls from Michigan, Illinois and Minnesota.
Author: Tresa Baldas, Detroit Free Press
Published: 2:25 PM EST November 20, 2018
Updated: 11:15 PM EST November 20, 2018

In a major blow to the federal government, a judge in Detroit has declared America's female genital mutilation law unconstitutional, thereby dismissing the key charges against two Michigan doctors and six others accused of subjecting at least nine minor girls to the cutting procedure in the nation's first FGM case.

The historic case involves minor girls from Michigan, Illinois and Minnesota, including some who cried, screamed and bled during the procedure and one who was given Valium ground in liquid Tylenol to keep her calm, court records show.

The judge's ruling also dismissed charges against three mothers, including two Minnesota women whom prosecutors said tricked their 7 -year-old daughters into thinking they were coming to metro Detroit for a girls' weekend, but instead had their genitals cut at a Livonia clinic as part of a religious procedure.

https://www.wzzm13.com/article/news/local/detroit/judge-dismisses-female-genital-mutilation-charges-in-historic-case/69-616299876

[rangerrebew]

This doesn't qualify as child abuse?  Hmmm.   What's next for "religious" reasons: adult males marrying 10 year old girls, honor killings, throwing gays from the top of buildings?  I can see this spiraling out of control.

[Slide Rule]

When you have no law you develop secondary means.

Is vigilante action what is desired to replace inadequate
enforcement of basic rights?

That ought to go over well in Detroit.

:)

[skeeter]

We're just a great big melting pot, doncha know.

[Right_in_Virginia]

This is strictly a federalism decision.

The judge agrees that FGM can be a criminal act, but it isn’t a federal government issue. It should be charged and proscecuted by the state.  Michigan did pass a law on this, but it was passed a couple of months after these defendants were arrested so it doesn't apply.

FTA:

"As laudable as the prohibition of a particular type of abuse of girls may be ... federalism concerns deprive Congress of the power to enact this statute," Friedman wrote in his 28-page opinion, noting: "Congress overstepped its bounds by legislating to prohibit FGM ... FGM is a 'local criminal activity' which, in keeping with long-standing tradition and our federal system of government, is for the states to regulate, not Congress."

Friedman's ruling stems from a request by Dr. Jumana Nagarwala and her codefendants to dismiss the genital mutilation charges, claiming the law they are being prosecuted under is unconstitutional.

[endicom]

This is strictly a federalism decision.

The judge agrees that FGM can be a criminal act, but it isn’t a federal government issue. It should be charged and proscecuted by the state.  Michigan did pass a law on this, but it was passed a couple of months after these defendants were arrested so it doesn't apply.

Yeah, it's up to the states where the chickensquat legislators have been looking the other way.

Although...the interstate movement of the girls should open this to federal law, properly written.

[txradioguy]

It's barbaric what is done to these girls in Muslim countries and it's a shame that a judge in this country seems to be going along with the practice.

[Oceander]

This is strictly a federalism decision.

The judge agrees that FGM can be a criminal act, but it isn’t a federal government issue. It should be charged and proscecuted by the state.  Michigan did pass a law on this, but it was passed a couple of months after these defendants were arrested so it doesn't apply.

FTA:

There was interstate travel in at least some of the cases, so there is a federal hook; was the law simply drafted without that hook in mind?

[Frank Cannon]

Well. This is certainly a set back for the States Rights folks.

[Right_in_Virginia]

There was interstate travel in at least some of the cases, so there is a federal hook; was the law simply drafted without that hook in mind?

The judge addressed this in his ruling @Oceander  This may be his weakest link and best shot at an appeal.

Her attorneys argued that the act of FGM had no bearing on commerce, which judge Friedman agreed with in his opinion:

"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."

http://www.fox2detroit.com/news/local-news/judge-dismisses-female-genital-mutilation-charges-citing-constitutionality

[GrouchoTex]

So this is a states rights issue but Obamacare and abortion aren't?


Riiiiight.

[truth_seeker]

And the difference between  young girls' genital organ tissues, and adult male thivess' hands is what?

Who are we in the civilized West to say these primitives, can't practce their religion?

This site has featured ngoing discussion over the religious "right," to discriminate against homosexuals, for exmple.

Cong. Dana Rohrabacher, father of triplet daughters, would perhaps support his muslim friends' right to chop of parts of their bodies, before they reach the age of legal consent.

Along comes Jim Jones, David Koresh, Muhamed, and gets hs followers to adopt "strongly held beliefs, and then anything goes.

Azteks and Mayans practiced sacrific. What is a bit of skin?

[240B]

The way Islamic States push Sharia law in the West is with money. They give hundreds of millions in grants to American and European colleges. This is why Islam is being taught in classes while student wearing a 'Christ is Lord' tee shirt are sent home. This is why regardless of how murderous, intolerant, and violent, the Islamic religious culture is, it is portrayed as 'peaceful' in academa. It would not surprise me at all to discover that this Judge, how ever indirectly, received some kind of bonus in exchange for this ruling.

Islamic States push their agendas and Sharia Law with cash, all over the world. That is why they are making such huge gains in Europe, and are getting away with murder in America. We all know that Christian businesses are boycotted and sued all the time. Has anyone ever heard of a radical Islamic business or organization being sued successfully. I haven't. And I don't expect to in my lifetime.

[IsailedawayfromFR]

The judge effectively has found a constitutional 'right' for female mutilation within the Constitution.

How else can one interpret this ruling

[txradioguy]

And the difference between  young girls' genital organ tissues, and adult male thivess' hands is what?

Who are we in the civilized West to say these primitives, can't practce their religion?

This site has featured ngoing discussion over the religious "right," to discriminate against homosexuals, for exmple.

Cong. Dana Rohrabacher, father of triplet daughters, would perhaps support his muslim friends' right to chop of parts of their bodies, before they reach the age of legal consent.

Along comes Jim Jones, David Koresh, Muhamed, and gets hs followers to adopt "strongly held beliefs, and then anything goes.

Azteks and Mayans practiced sacrific. What is a bit of skin?

Have you seen the health related issues that the women have after genital mutilation?

I saw it in Somalia. 

If you'd seen or even studied the brutal way this is done and the long lasting trauma it has on women...sterility...infections...deat..maybe you wouldn't be so G D cavalier in your attitude about this.

What's a bit of skin?  Please tell me that was tongue in cheek and you're really not that stupid.

[Oceander]

The judge addressed this in his ruling @Oceander  This may be his weakest link and best shot at an appeal.

Thanks.  I agree that it’s a weak argument.  The Mann Act comes to mind.

[txradioguy]

FGM is recognized internationally as a violation of the human rights of girls and women. It reflects deep-rooted inequality between the sexes, and constitutes an extreme form of discrimination against women. It is nearly always carried out on minors and is a violation of the rights of children. The practice also violates a person's rights to health, security and physical integrity, the right to be free from torture and cruel, inhuman or degrading treatment, and the right to life when the procedure results in death.

FGM has no health benefits, and it harms girls and women in many ways. It involves removing and damaging healthy and normal female genital tissue, and interferes with the natural functions of girls' and women's bodies. Generally speaking, risks increase with increasing severity of the procedure.

Immediate complications can include:

severe pain

excessive bleeding (haemorrhage)

genital tissue swelling

fever


infections e.g., tetanus

urinary problems

wound healing problems

injury to surrounding genital tissue

shock

death.

Long-term consequences can include:

urinary problems (painful urination, urinary tract infections);

vaginal problems (discharge, itching, bacterial vaginosis and other infections);

menstrual problems (painful menstruations, difficulty in passing menstrual blood, etc.);

scar tissue and keloid;

sexual problems (pain during intercourse, decreased satisfaction, etc.);

increased risk of childbirth complications (difficult delivery, excessive bleeding, caesarean section, need to resuscitate the baby, etc.) and newborn deaths;

need for later surgeries: for example, the FGM procedure that seals or narrows a vaginal opening (type 3) needs to be cut open later to allow for sexual intercourse and childbirth (deinfibulation). Sometimes genital tissue is stitched again several times, including after childbirth, hence the
woman goes through repeated opening and closing procedures, further increasing both immediate and long-term risks;

psychological problems (depression, anxiety, post-traumatic stress disorder, low self-esteem, etc.);

health complications of female genital mutilation.

http://www.who.int/news-room/fact-sheets/detail/female-genital-mutilation


But hey it's "just a bit of skin" right?

[Right_in_Virginia]

The judge effectively has found a constitutional 'right' for female mutilation within the Constitution.

How else can one interpret this ruling

The judge, to his credit, referred to the action as criminal.  But for a prosecution to be Constitutional, says the judge, it must be prosecuted under state, not federal, law @IsailedawayfromFR    This prosecution was brought under Federal law.

[sneakypete]

Judge dismisses female genital mutilation charges in historic case

The historic case involves minor girls from Michigan, Illinois and Minnesota.
Author: Tresa Baldas, Detroit Free Press
Published: 2:25 PM EST November 20, 2018
Updated: 11:15 PM EST November 20, 2018

In a major blow to the federal government, a judge in Detroit has declared America's female genital mutilation law unconstitutional, thereby dismissing the key charges against two Michigan doctors and six others accused of subjecting at least nine minor girls to the cutting procedure in the nation's first FGM case.

The historic case involves minor girls from Michigan, Illinois and Minnesota, including some who cried, screamed and bled during the procedure and one who was given Valium ground in liquid Tylenol to keep her calm, court records show.

The judge's ruling also dismissed charges against three mothers, including two Minnesota women whom prosecutors said tricked their 7 -year-old daughters into thinking they were coming to metro Detroit for a girls' weekend, but instead had their genitals cut at a Livonia clinic as part of a religious procedure.

https://www.wzzm13.com/article/news/local/detroit/judge-dismisses-female-genital-mutilation-charges-in-historic-case/69-616299876

EVERYBODY involved in making that happen,including the judge and the lawyer for the Muslims who took it to court,should be drowned in a vat of pig piss,then hung in a public square and left to rot.

[sneakypete]

This doesn't qualify as child abuse?  Hmmm.   What's next for "religious" reasons: adult males marrying 10 year old girls, honor killings, throwing gays from the top of buildings?  I can see this spiraling out of control.

@rangerrebew

Yes,to all of the above. The left wants a violent revolution so they have an excuse to declare Martial Law and suspend the Constitution.

[Right_in_Virginia]

EVERYBODY involved in making that happen,including the judge and the lawyer for the Muslims who took it to court,should be drowned in a vat of pig piss,then hung in a public square and left to rot.

Let's call this Plan B @sneakypete   

Plan A should be a determination of what is Federal jurisdiction and what is State jurisdiction when it comes to the practices of Sharia law.  Because Sharia law is here.

[sneakypete]

The judge, to his credit, referred to the action as criminal.  But for a prosecution to be Constitutional, says the judge, it must be prosecuted under state, not federal, law @IsailedawayfromFR    This prosecution was brought under Federal law.

@Right_in_Virginia

I STRONGLY disagree. Since when is protecting a child from maiming a strictly a states rights issue? Anybody ever heard of the Bill of Rights? If I am wrong,WHY are so many racial discrimination cases tried in feral courts?

Does anyone thing the feral government wouldn't be in an uproar if Muslims suddenly declared they had a right to sexually mutilate male children?

[Fishrrman]

I have yet to see a thread posted here that so appropriately merits "the Fishrrman classic question" that I've been asking for more than 15 years now:

Who's winning...?

The prosecutors in this case damn well better "push this decision" upwards through the appellate channels, as far as it can go.

Insofar as RinVa wrote:
"The judge, to his credit, referred to the action as criminal.  But for a prosecution to be Constitutional, says the judge, it must be prosecuted under state, not federal, law"

Nonsense.
Crimes of homicide are prosecuted under federal laws, in the appropriate circumstances.
At the very least, this should be re-prosecuted as a violation of the victim's civil rights.

[IsailedawayfromFR]

The judge, to his credit, referred to the action as criminal.  But for a prosecution to be Constitutional, says the judge, it must be prosecuted under state, not federal, law @IsailedawayfromFR    This prosecution was brought under Federal law.

You are giving this guy credit?  An unbelievable claim.

Although most of the world outlaws this practice, he has said that the US government has no right to outlaw it similarly.

He is effectively saying the criminal act of torture and mutilation must be tolerated by the government of the United States.

How is that possibly constitutional or even remotely not inhumane?

[sneakypete]

Nonsense.
Crimes of homicide are prosecuted under federal laws, in the appropriate circumstances.
At the very least, this should be re-prosecuted as a violation of the victim's civil rights.

@Fishrrman

I agree. I am sure there are a multitude of federal laws that protect the rights of minors.

Besides,this amounts to nothing less than torture,and I defy anyone to try to claim that there are no federal laws that protect children from being mutilated and tortured.