While it might be true in the letter of the law, the spirit of it, not so much. Somehow ruling that a federal law stating that outlawing female genital mutilation is unconstitutional on states rights grounds doesn’t compute, and yet that is what a judge in Detroit ruled this week letting doctors who perform such surgery off the hook.
In a decision filed Tuesday, Judge Bernard Friedman ruled that the federal female genital mutilation law is unconstitutional and that Congress did not have the right to criminalize the practice, and therefore he dismissed six of eight charges in the United States’ first federal case involving the procedure.
“Congress overstepped its bounds by legislating to prohibit [female genital mutilation],” Friedman wrote, calling it a “local criminal activity” for the states to regulate, not Congress….
The enactment of a law criminalizing female genital mutilation was not a permissible use of congressional power, Friedman wrote in his opinion, concluding that the law itself was unconstitutional.
“As laudable as the prohibition of a particular type of abuse of girls may be, it does not logically further the goal of protecting children on a nondiscriminatory basis,” Friedman wrote, later noting that the Supreme Court has said that individual states, not the federal government, have the authority to police local criminal activity.
Friedman also noted that although Congress may regulate a practice if it is “commercial or economic in nature and that substantially affects interstate commerce,” but “as despicable as [female genital mutilation] may be, it is essentially a criminal assault” and not a commercial or economic enterprise, Friedman wrote.
But the death panels legalized by ObamaCare are okay by federal law?
Yeah, this doesn’t work. Mutilating young girls who have no idea what is happening to them is pretty much universally condemned by the civilized world. This is one the United Nations got right.
Female genital mutilation refers to “all procedures involving partial or total removal of the external female genitalia or other injury to the female genital organs for cultural or other nonmedical reasons,” according to the United Nations Population Fund. While it is performed for myriad sociological, cultural, religious, hygienic and socioeconomic reasons, it is banned by law in at least 44 countries, including the United States. The World Health Organization considers the procedure a human rights violation.
Well, apparently the tenth amendment prevents the nation as a whole from making such a law. There would need to be fifty individual ones to completely outlaw it or a Constitutional amendment, and neither seems all that likely.
The physicians charged with this crime against girls also face additional counts of conspiracy and what amounts to human trafficking.