Zitat

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DETROIT (WJBK) - A federal judge has dismissed six charges of female genital mutilation against a doctor, declaring the nation's female genital mutilation law as unconstitutional.

The federal judge in Detroit ruled in the historic case on Tuesday, ruling the law that prevents female genital mutilation (FGM) is unconstitutional. U.S. District Judge Bernard Friedman ruled that congress does not have the authority to make FGM illegal, which it had been classified as illegal under the Necessary and Proper Clause or the Commerce Clause.

According to the opinion filed by Friedman, congress had banned FGM under a statute that states "whoever knowingly circumcises, excises, or infibulates the whole or any part of the labia majora or labia minora or clitoris of another person who has not attained the age of 18 years shall be fined under this title or imprisoned not more than 5 years, or both."

Prosecutors said she did that with at least six girls at a clinic in the Detroit area, including two girls from Minnesota. The doctor denies that she committed a crime and says she performed a religious custom from her Muslim sect, the India-based Dawoodi Bohra.

"My client is elated, I think she is overwhelmed at the moment," said attorney Shannon Smith. "But, the way Congress enacted this law and the way they chose to word it, was unconstitutional."

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http://www.fox2detroit.com/news/local-ne...psvocmZXtpignFI

Apparently the problem is that Congress used the Commerce Clause to enact this law. The article goes on to note, "She still faces conspiracy to travel with intent to engage in illicit sexual conduct and obstruction charges. Others in the case face obstruction charges."; though it seems to me they could nail her on child abuse charges.

From my days as a state prosecutor, Congress ALWAYS used the Interstate Commerce Clause as a a basis for jurisdiction in a statute where their jurisdiction was, at best, iffy.