Sharia isn’t coming to America. It’s already here.
In a major blow to the federal government, a judge in Detroit has declared America’s female genital mutilation law unconstitutional, thereby dismissing the key charges against two Michigan doctors and six others accused of subjecting at least nine minor girls to the cutting procedure in the nation’s first FGM case.
The historic case involves minor girls from Michigan, Illinois and Minnesota, including some who cried, screamed and bled during the procedure and one who was given Valium ground in liquid Tylenol to keep her calm, court records show.
The judge’s ruling also dismissed charges against three mothers, including two Minnesota women whom prosecutors said tricked their 7 -year-old daughters into thinking they were coming to metro Detroit for a girls’ weekend, but instead had their genitals cut at a Livonia clinic as part of a religious procedure.
U.S. District Judge Bernard Friedman concluded that “as despicable as this practice may be,” Congress did not have the authority to pass the 22-year-old federal law that criminalizes female genital mutilation, and that FGM is for the states to regulate. FGM is banned worldwide and has been outlawed in more than 30 countries, though the U.S. statute had never been tested before this case.
“As laudable as the prohibition of a particular type of abuse of girls may be…federalism concerns deprive Congress of the power to enact this statute,” Friedman wrote in his 28-page opinion, noting: “Congress overstepped its bounds by legislating to prohibit FGM…FGM is a ‘local criminal activity’ which, in keeping with long-standing tradition and our federal system of government, is for the states to regulate, not Congress.”
Plenty of folks on our side of the aisle have slammed the judge for this ruling—to the accompanying sound of crickets from the liberal media, natch—but that last paragraph renders his decision at least comprehensible, perhaps even laudable from a purely legal standpoint. The real problem here is that we’re even having this discussion in the first place—that the dark forces of Muslim savagery have gained enough of a beachhead in this country that our justice system is now compelled to seriously contemplate such barbaric evil.
But if that’s the way it’s gotta be, then FGM should immediately be made mandatory for Lefty feminist bints who scream about “Islamophobia”; waxed outraged over “Trump’s Muslim ban”; and advocate for no restrictions at all on immigration, legal or illegal. Make it mandatory for Lefty “men” while we’re at it, who are already effectively dickless anyway. And everybody who has one of those stupid “Coexist” stickers on their Pious, Cooper Mini, Volt, or Not-So-Smart Car, too.
Update! Backup for the ruling:
It should go without saying that FGM is a horrific procedure and when inflicted on a minor constitutes a grievous form of child abuse. That said, Friedman reached the correct legal conclusion in dismissing the FGM and conspiracy charges. Here’s why.
The federal government is a government of limited and enumerated powers and thus may only criminalize (or regulate) conduct if granted authority to do so in the U.S. Constitution. Abuse or assault are part of the criminal law, and the heart of state power. The federal government could criminalize transporting girls across state lines to obtain FGM, but the federal statute under which the defendants were prosecuted does not do so now, so this is currently a matter for the states. While Michigan was remiss in not having a law against this, it cannot be applied retroactively.
Yesterday’s decision has prompted a public outcry, with the Detroit Free Press reporting that “FGM survivor and social activist Mariya Taher, who heads a campaign out of Cambridge, Massachusetts, to ban FGM worldwide,” called Friedman’s ruling a gut-punch. “This is crazy,” Taher told the Free Press, “stressing she fears the ruling will put more young women in harm’s way.”
Yasmeen Hassan, who serves as executive global director for Equality Now, addedthat Friedman’s decision “sends a disturbing message to women and girls. ‘It says you are not important.’” Hassan claims the ruling served as “a federal blessing” for FGM, and saw the holding that the federal government cannot regulate FGM as “very bizarre.” But there is nothing bizarre about Friedman’s ruling. Rather, his opinion is right—both legally and ideologically.
The judge, who as it turns out is a Reagan appointee, sounds to me like a stout, thoughtful believer in strict constructionism and enforcement of the Constitution’s bounds on the federal government. That makes him a rara avis indeed these days, on the bench or anywhere else in this country. Like I said earlier, it’s disgusting and appalling that the United States of America in 2018 should even be having this discussion at all. But the whole mess, like so many others, is directly attributable to the Left’s decades-long string of unanswered victories. There’ll be more of such repellent atrocities against decency and sanity coming—count on it.