I am weary beyond description of federal judges creating law and overturning law duly created by Congress, which is the primary responsibility and duty of Congress, not the courts.

In what appeared to be a slam-dunk case of two Muslim doctors in Michigan practicing female genital mutilation, federal Judge Bernard Friedman ruled that Congress has no authority to create and enact a law prohibiting female genital mutilation (FGM), an outrageous ruling, in my opinion.

According to Detroit Free Press, “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.”

Friedman’s ruling not only frees the criminals passing for doctors, but will embolden Muslim practitioners of the practice in states where FGM is not illegal. Michigan has passed a state law banning FGM but it was enacted after the female genital mutilation in this case took place.

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Charges against two Minnesota mothers were also dismissed. Prosecutors allege that the Muslim moms tricked their 7 -year-old daughters into thinking they were coming to Detroit for a fun girls’ weekend, but instead took them to a clinic to have their genitals cut as per the Muslim religious practice.

In his 28-page opinion, Friedman concluded that “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. 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.” 

According to Gina Balaya, a spokeswoman for United States Attorney Matthew Schneider in Detroit, said, “We are reviewing the Judge’s ruling and will make a determination on whether or not to appeal.”

(ignore the tweets below which depict a female judge in this ruling. Judge Bernard Friedman is pictured above)

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