Detroit Judge rules Congress can't block mutilation

[laserhaas]

Link to tweet

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Dr. Jumana Nagarwala wants a judge to dismiss a conspiracy charge involving two 7-year-old Minnesota girls who were brought to Metro Detroit for what prosecutors call an illegal procedure performed by the Northville doctor. The procedure is practiced by some members of the Dawoodi Bohra, a Muslim sect from India that has a small community in Metro Detroit.

The request came nine days after U.S. District Judge Bernard Friedman dismissed female genital mutilation charges against Nagarwala and others. The judge's order was a significant, but not fatal, blow to a novel criminal case because Friedman left intact conspiracy and obstruction charges that could send Nagarwala and three others to federal prison for decades.

Prosecutors allege Minnesota mothers Haseena Halfal and Zainab Hariyanawala brought their daughters to Detroit in February 2017 to undergo female genital mutilation. Prosecutors say the trip constituted a crime: conspiracy to travel with intent to engage in illicit sexual conduct.

Judge opined Congress has no authority to make laws concerning issues of this nature.
https://www.detroitnews.com/story/news/local/detroit-city/2018/11/20/judge-dismisses-key-count-genital-mutilation-case/2066855002/

JUDGE Friedman removed four defendants from the case — including three mothers accused of subjecting their daughters to female genital mutilation — while concluding Congress had no authority to enact a law criminalizing female genital mutilation, known as FGM.

“There is nothing commercial or economic about FGM,” Friedman wrote in a 28-page opinion. (Female genital mutilation) 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.”

[Glorfindel]

1. "The Commerce Clause does not permit Congress to regulate a crime of this nature."

Surely there are state laws that regulate these crimes! What is the difference between FGM and cutting off someone's hand?

[Cicada]

3. States absolutely can outlaw it, and most have, including michigan

Maybe the statute has expired in Michigan on these specific cases?

[Sgent]

4. I think the last count

was 36 have outlawed it.

Michigan's law was enacted after this case happened, so she can't be charged with it (ex-post facto law).

[Cicada]

5. No fair knowing the facts

[X_Digger]

8. There is no federal law against cutting off someone's hand..

.. unless they're a federal officer, traveling over state lines, are on a federal naval vessel..

ie, something explicitly ties them to a federal jurisdiction.

If I recall from the earlier discussion of this topic, 26 out of 50 states have laws against FGM.

[Hermit-The-Prog]

2. there are real monsters in this world

And I'm not talking about the judge.

[DFW]

6. I would be astounded to hear that Michigan has no laws against aggravated assault

And if genital mutilation isn't aggravated assault, then neither is cutting a judge's face to ribbons with a Swiss army knife.

[laserhaas]

7. Exactly!