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From CBS News
DETROIT — A federal judge dismissed some charges Tuesday against eight people — including two doctors — in the genital mutilation of nine girls at a suburban Detroit clinic, finding it's up to states rather than Congress to regulate the practice.
U.S. District Judge Bernard Friedman dismissed mutilation and conspiracy charges against Dr. Jumana Nagarwala, who performed the surgery, and Dr. Fakhruddin Attar, who allowed his clinic in Livonia, Michigan, to be used for the procedure.
The same charges were dismissed against Attar's wife, Farida, and Tahera Shafiq, who assisted in the procedure, as well as four women who took their daughters to the clinic.
Four of girls are from Michigan; the others are residents of Illinois and Minnesota.
"Congress overstepped its bounds by legislating to prohibit (female genital mutilation)," Friedman wrote in a 28-page opinion.
COMMENT:-
Quite right!!!
The unconstitutional interference with the several states' right to permit female genital mutilation simply cannot be tolerated.
Like "Dred Scot" the decision is "judicially correct" and "morally repugnant".
Of course, possibly if the Judge had been taught about the "parens patria" jurisdiction of the courts in law school he might have ruled differently.
Federal judge dismisses charges in female genital mutilation case in Detroit
DETROIT — A federal judge dismissed some charges Tuesday against eight people — including two doctors — in the genital mutilation of nine girls at a suburban Detroit clinic, finding it's up to states rather than Congress to regulate the practice.
U.S. District Judge Bernard Friedman dismissed mutilation and conspiracy charges against Dr. Jumana Nagarwala, who performed the surgery, and Dr. Fakhruddin Attar, who allowed his clinic in Livonia, Michigan, to be used for the procedure.
The same charges were dismissed against Attar's wife, Farida, and Tahera Shafiq, who assisted in the procedure, as well as four women who took their daughters to the clinic.
Four of girls are from Michigan; the others are residents of Illinois and Minnesota.
"Congress overstepped its bounds by legislating to prohibit (female genital mutilation)," Friedman wrote in a 28-page opinion.
COMMENT:-
Quite right!!!
The unconstitutional interference with the several states' right to permit female genital mutilation simply cannot be tolerated.
Like "Dred Scot" the decision is "judicially correct" and "morally repugnant".
Of course, possibly if the Judge had been taught about the "parens patria" jurisdiction of the courts in law school he might have ruled differently.