A lot of people are interpreting this ruling wrong, particularly about the fact the the federal judge dismissed most of the charges on constitutional grounds. His ruling did not favor, legalize, or approve of FGM. In fact, he did the opposite. He called it outright “assault” and said unambiguously FGM is “despicable” and a crime and is already covered under state laws against assault. He also ruled it is not “health care” in any way, shape or form.
It’s basically a technical ruling that says the state of Michigan (and any other state) has every right to arrest and charge this doctor for assault, for cutting off parts of someone’s body, with no accepted medical justification, but under
state, not federal law. He’s basically saying, “Yeah, it’s bad. It’s assault. It has no medical justification whatsoever. But you dummies need to charge this doctor under state law, as you would any other assault, and not needlesly make it a federal case.”
In the same way that the federal government would not need to get involved if Billy Bob stabbed Jimbo in the arm at a bar, because local law enforcement is expected to and does handle that, the feds don’t need to get involved if a doctor stabs someone in the genitals. He’s saying it’s a job for local cops and courts, and not to tie up federal courts with every assault case.
I don’t think any reasonable person is arguing FGM is a medically justifiable practice. Even those on the fringes that claim to be in favor of it, are not citing medical reasons, but are claiming religious reasons, cultural reasons, or both. But the bottom line is, if you perform FGM, you’re getting arrested. Maybe not by the FBI, by local police, but arrested, nonetheless.
https://www.google.com/amp/s/amp.th...-mutilation-detroit-michigan-unconstitutional
“As despicable as this practice may be, it is essentially a criminal assault,” Friedman wrote. “FGM 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.”
Here’s the actual ruling itself:
https://content-static.detroitnews.com/pdf/2018/US-v-Nagarwala-dismissal-order-11-20-18.pdf