Judge rules female genital mutilation law unconstitutional, dismisses several charges

5 years ago
16

A federal judge has dismissed several charges against Dr. Jumana Nagarwala in the historic female genital mutilation case, ruling that the federal law against female genital mutilation is unconstitutional. U.S. District Court Judge Bernard Friedman ruled that Congress did not have the power to enact a federal law that banned female genital mutilation in the United States. Instead, Friedman made the argument that the law was too broad and it violated Congress' powers, as the law does not stand up to scrutiny under either the Necessary and Proper Clause or the Commerce Clause of the US Constitution.

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