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DetlefK

(16,423 posts)
Tue May 14, 2019, 08:54 AM May 2019

DOJ refuses to defend ban on female genital mutilation in court.

https://www.businessinsider.de/trump-administration-decided-not-to-defend-ban-on-female-genital-mutilation-2019-5?r=US&IR=T

Two years ago, a Detroit doctor, Jumana Nagarwala, allegedly cut the clitoral hoods of two 7-year-old-girls at the request of their mothers.

Nagarwala's case led to the first test of the US law that bans female genital mutilation for nonmedical reasons.

That law was passed more than 20 years ago, even though it was flawed. Michigan federal Judge Bernard Friedman ruled it unconstitutional in November 2018.

The government still had the opportunity to appeal the court decision, but it looks like the Justice Department won't pursue it. According to the Trump administration, there aren't adequate grounds to defend the law.

...

"When this case arose in 2017, this was the only law we had, and we chose to use it," said Daniel Lemisch, who approved Nagarwala's indictment when he was acting US attorney for the Eastern District of Michigan.

He says they used the law even though they knew it was flawed. Michigan federal Judge Bernard Friedman ruled it unconstitutional in November 2018. He dismissed the charges against Nagarwala brought under the anti-FGM law.

...

Last month, the Trump administration sent a letter to Congress saying there aren't adequate grounds to defend the law and urged lawmakers to fix it.

Meanwhile, several states that don't already have bans on FGM are considering bills to enact them. Some have faced opposition. In Connecticut, Susan Yolen, a vice president of Planned Parenthood of Southern New England, Inc., argued a law might end up putting more pressure on girls who'd have to turn in their own family members.

"And so, if they are frightened away from their health care provider because of a practice that many of us might consider you know, barbaric or dangerous, then that's not a good thing," she said. "I think finding out what we need to find out about its prevalence is a good step one before we decide it's a criminal activity."

Yolen was also suspicious after she learned the Connecticut bill was sponsored by people whom she thought might be Islamophobic.
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DOJ refuses to defend ban on female genital mutilation in court. (Original Post) DetlefK May 2019 OP
of course doj refuses to defend it AlexSFCA May 2019 #1
I'd be moving to a free state 2naSalit May 2019 #4
unless abortion becomes illegal in all states? AlexSFCA May 2019 #6
I meant for that eleven year old rape victim... 2naSalit May 2019 #7
Easy to say until you have aging parents dependent on you or a kid in junior year of high school lostnfound May 2019 #10
Agreed. 2naSalit May 2019 #15
I think the reason is sinister NewJeffCT May 2019 #2
that POS does nothing 2naSalit May 2019 #8
I see the DOJ refuses to protect women . . . Iliyah May 2019 #3
I've had it with these F'ing MoFos... 2naSalit May 2019 #5
The Republican Party is Truly the Women Hater's Party dlk May 2019 #9
I don't see how anyone calling themself a doctor can do this. lpbk2713 May 2019 #11
Write a new, better law and pass it gratuitous May 2019 #12
The US Senate has not passed a single bill in more than a month. DetlefK May 2019 #13
The law in question is a Michigan state law gratuitous May 2019 #14

AlexSFCA

(6,137 posts)
1. of course doj refuses to defend it
Tue May 14, 2019, 09:01 AM
May 2019

cause it would set precedent against forced pregnancies in the name lf child protection. I don’t know what’s worse FGM or forcing 11 y.o. carry a child of her rapist. And if her parents help her get an abortion, they will be charged with accessory to murder and the girl will be charged with manslaughter, all 3 would end up in jail even if rapist is free on the run.

2naSalit

(86,072 posts)
4. I'd be moving to a free state
Tue May 14, 2019, 09:22 AM
May 2019

where an abortion can be obtained and never go back to the oppressor state.

AlexSFCA

(6,137 posts)
6. unless abortion becomes illegal in all states?
Tue May 14, 2019, 09:31 AM
May 2019

all they need to do is to bring a case from a state like CA to SC.
Uncortunately women rights moniker doesn’t always work for us cause way too many women are anti-choice? close to 50%, any one knows the stats?

2naSalit

(86,072 posts)
7. I meant for that eleven year old rape victim...
Tue May 14, 2019, 09:37 AM
May 2019

if I were her parent/guardian, I'd be headed for another state to get the problem solved since the oppressive laws are not yet in place in many states yet.

lostnfound

(16,139 posts)
10. Easy to say until you have aging parents dependent on you or a kid in junior year of high school
Tue May 14, 2019, 12:32 PM
May 2019

Or a career without a lot of options to move.

NewJeffCT

(56,827 posts)
2. I think the reason is sinister
Tue May 14, 2019, 09:04 AM
May 2019

Trump is going to claim that Muslims are going to implement Sharia Law and point to female genital mutilation as to why he's going to ban Muslims again. Of course, leaving out that they're not defending the law banning it

Iliyah

(25,111 posts)
3. I see the DOJ refuses to protect women . . .
Tue May 14, 2019, 09:07 AM
May 2019

Nor civil rights. White nationalist at their best. But alas, healthcare for millions is on their top agenda to eliminate tho. t-rump administration is trying to out do 2018 wherein over 1 million USA's citizens have lost health care.

2naSalit

(86,072 posts)
5. I've had it with these F'ing MoFos...
Tue May 14, 2019, 09:25 AM
May 2019

Sounds like they are fixin' for a heapin' helpin' of their own medicine. I think we women need to deliver, as in cut them off until we get our rights back and no mansplaining BS about it.

dlk

(11,438 posts)
9. The Republican Party is Truly the Women Hater's Party
Tue May 14, 2019, 10:05 AM
May 2019

The are working toward returning us to the days of women as chattel. Ending women’s reproductive rights, including access to birth control, is merely the first step. More misogyny to come, guaranteed, as they share many more commonalities with middle eastern religious extremists than most Americans would like to believe.

lpbk2713

(42,696 posts)
11. I don't see how anyone calling themself a doctor can do this.
Tue May 14, 2019, 12:47 PM
May 2019



It's barbaric. Their credentials should be revoked and they should face legal action.

gratuitous

(82,849 posts)
12. Write a new, better law and pass it
Tue May 14, 2019, 01:08 PM
May 2019

I know that's the cop-out the DOJ is using, but it's the easiest most efficient remedy for a badly-written law.

DetlefK

(16,423 posts)
13. The US Senate has not passed a single bill in more than a month.
Tue May 14, 2019, 01:57 PM
May 2019

So how fast will that new law come?

gratuitous

(82,849 posts)
14. The law in question is a Michigan state law
Tue May 14, 2019, 02:00 PM
May 2019

While the U.S. Congress is screen-door-on-a-submarine level useful, state legislatures can still be goaded into acting.

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