[Ed. – For those who’ve been following the federal court ruling that Congress’s 20-year-old law is unenforceable, this is a must-read. The court decision related to this case from 2017. The implication of the ruling is that there is no way for Congress to enact a nationwide ban on the barbaric, torturous practice of FGM. Dr. Phyllis Chesler looks at the ramifications and options.]
On November 20, 2018, the United States District Court in Michigan ruled that the federal law which criminalized Female Genital Mutilation (FGM) more than twenty years ago is “unconstitutional”, and cannot be used to prosecute the doctors and mothers of the very young girls who were brought to be genitally mutilated in Livonia, Michigan, a suburb of Detroit. (See United States of America v. Jumana Nagarwala, et al, 2018 WL 6064968.) …
[B]ased on this recent decision, there is no federal remedy available to ban this torturous practice.
According to the Court, in United States v. Lopez, 514 U.S. at 566, (1995) the Supreme Court ruled that the “federal government has no ‘plenary police power’” and in United States v. Bond 572 U.S. at 858 (2014) that “federalism concerns demand that this division of authority between federal and state governments be respected.”