Roger Anghis posted an update November 8, 2018 12:55 pm
Defense in female genital mutilation case asks judge to dismiss charges, claims law is unconstitutional
Defense lawyers tried to convince a federal judge Tuesday to dismiss female genital mutilation charges in the first criminal case of its kind nationwide, arguing the law is unconstitutional.
The bid by defense lawyers is the first challenge to a 22-year-old federal law that went unused until April 2017. That’s when Dr. Jumana Nagarwala of Northville was arrested and accused of heading a conspiracy that lasted 12 years, involved seven people and led to mutilating the genitalia of nine girls as part of a religious procedure practiced by some members of the Dawoodi Bohra, a Muslim sect from India that has a small community in Metro Detroit.
U.S. District Judge Bernard Friedman, following an hour-long hearing in downtown Detroit, said he would file a written opinion soon.
Congress lacked authority to enact a law criminalizing female genital mutilation in 1996, Nagarwala’s lawyer Molly Sylvia Blythe told the judge. Congress lacked authority under the Commerce Clause of the Constitution because the procedure has nothing to do with interstate commerce, she said.
Read more here: https://www.jihadwatch.org/2018/11/michigan-defense-in-female-genital-mutilation-case-asks-judge-to-dismiss-charges-claims-law-is-unconstitutional