Quote:
Originally Posted by bushmaster11
The decision did not rule in favor of the practice. What it said was it did not belong in Federal system yet. Like murder, it is a state problem. This should be decided by the state and has to go through ALL state courts before it can become Federal.
J R Sends
DOL
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Not quite
This is the quote from the article:
"....The federal law was passed in 1996 under the Commerce Clause of the Constitution. The federal judge ruled the banning of the procedure under the clause was unconstitutional.
“There is nothing commercial or economic about FGM,” Friedman wrote in the opinion. “[FGM] is not part of a larger market and it has no demonstrated effect on interstate commerce. The Commerce Clause does not permit Congress to regulate a crime of this nature.”..."
This could be considered Judicial "non-activism". Congress uses the Commerce Clause to bludgeon the American people with all kinds of laws. Most, like this one, having nothing - or a very, very tenuous claim - to do with commerce but yet are approved by the courts.