In a fascinating, first-of-its-kind case, a federal trial judge dismissed nearly all of the charges against doctors who performed circumcisions on underage girls.
US District Court Judge Bernard Freeman said that, while Congress' goal in criminalizing FGM was laudable, the federal law was not Constitutionally permissible. The law primarily has nothing to do with any interstate economic impact and, thus, Congress has no authority to legislate on it. States may criminalize the procedure as assault, even sexual assault.
The really interesting thing is that it puts the new Conservative Supreme Court in a very difficult position. States' Rights advocates on the Court should agree that this isn't a federal issue. But those same justices are largely Catholic and probably disagree with female circumcision at its very core. So, they'll want to allow legislation that restricts the practice. But at the same time, they've argued pretty hard for religious freedoms in Hobby Lobby, et cet.
We'll get to see if the newly conservative Court views religious freedom broadly and not just the freedom to be Christian. We'll also get to see if a narrow view of the Interstate Commerce Clause wins out over pure moral outrage.
US District Court Judge Bernard Freeman said that, while Congress' goal in criminalizing FGM was laudable, the federal law was not Constitutionally permissible. The law primarily has nothing to do with any interstate economic impact and, thus, Congress has no authority to legislate on it. States may criminalize the procedure as assault, even sexual assault.
The really interesting thing is that it puts the new Conservative Supreme Court in a very difficult position. States' Rights advocates on the Court should agree that this isn't a federal issue. But those same justices are largely Catholic and probably disagree with female circumcision at its very core. So, they'll want to allow legislation that restricts the practice. But at the same time, they've argued pretty hard for religious freedoms in Hobby Lobby, et cet.
We'll get to see if the newly conservative Court views religious freedom broadly and not just the freedom to be Christian. We'll also get to see if a narrow view of the Interstate Commerce Clause wins out over pure moral outrage.
via International Skeptics Forum https://ift.tt/2FA7Tdu
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