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Tue May 14, 2019, 08:54 AM

DOJ refuses to defend ban on female genital mutilation in court.

https://www.businessinsider.de/trump-administration-decided-not-to-defend-ban-on-female-genital-mutilation-2019-5?r=US&IR=T

Two years ago, a Detroit doctor, Jumana Nagarwala, allegedly cut the clitoral hoods of two 7-year-old-girls at the request of their mothers.

Nagarwala's case led to the first test of the US law that bans female genital mutilation for nonmedical reasons.

That law was passed more than 20 years ago, even though it was flawed. Michigan federal Judge Bernard Friedman ruled it unconstitutional in November 2018.

The government still had the opportunity to appeal the court decision, but it looks like the Justice Department won't pursue it. According to the Trump administration, there aren't adequate grounds to defend the law.

...

"When this case arose in 2017, this was the only law we had, and we chose to use it," said Daniel Lemisch, who approved Nagarwala's indictment when he was acting US attorney for the Eastern District of Michigan.

He says they used the law even though they knew it was flawed. Michigan federal Judge Bernard Friedman ruled it unconstitutional in November 2018. He dismissed the charges against Nagarwala brought under the anti-FGM law.

...

Last month, the Trump administration sent a letter to Congress saying there aren't adequate grounds to defend the law and urged lawmakers to fix it.

Meanwhile, several states that don't already have bans on FGM are considering bills to enact them. Some have faced opposition. In Connecticut, Susan Yolen, a vice president of Planned Parenthood of Southern New England, Inc., argued a law might end up putting more pressure on girls who'd have to turn in their own family members.

"And so, if they are frightened away from their health care provider because of a practice that many of us might consider you know, barbaric or dangerous, then that's not a good thing," she said. "I think finding out what we need to find out about its prevalence is a good step one before we decide it's a criminal activity."

Yolen was also suspicious after she learned the Connecticut bill was sponsored by people whom she thought might be Islamophobic.

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Reply DOJ refuses to defend ban on female genital mutilation in court. (Original post)
DetlefK Tuesday OP
AlexSFCA Tuesday #1
2naSalit Tuesday #4
AlexSFCA Tuesday #6
2naSalit Tuesday #7
lostnfound Tuesday #10
2naSalit Tuesday #15
NewJeffCT Tuesday #2
2naSalit Tuesday #8
Iliyah Tuesday #3
2naSalit Tuesday #5
dlk Tuesday #9
lpbk2713 Tuesday #11
gratuitous Tuesday #12
DetlefK Tuesday #13
gratuitous Tuesday #14

Response to DetlefK (Original post)

Tue May 14, 2019, 09:01 AM

1. of course doj refuses to defend it

cause it would set precedent against forced pregnancies in the name lf child protection. I donít know whatís worse FGM or forcing 11 y.o. carry a child of her rapist. And if her parents help her get an abortion, they will be charged with accessory to murder and the girl will be charged with manslaughter, all 3 would end up in jail even if rapist is free on the run.

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Response to AlexSFCA (Reply #1)

Tue May 14, 2019, 09:22 AM

4. I'd be moving to a free state

where an abortion can be obtained and never go back to the oppressor state.

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Response to 2naSalit (Reply #4)

Tue May 14, 2019, 09:31 AM

6. unless abortion becomes illegal in all states?

all they need to do is to bring a case from a state like CA to SC.
Uncortunately women rights moniker doesnít always work for us cause way too many women are anti-choice? close to 50%, any one knows the stats?

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Response to AlexSFCA (Reply #6)

Tue May 14, 2019, 09:37 AM

7. I meant for that eleven year old rape victim...

if I were her parent/guardian, I'd be headed for another state to get the problem solved since the oppressive laws are not yet in place in many states yet.

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Response to 2naSalit (Reply #4)

Tue May 14, 2019, 12:32 PM

10. Easy to say until you have aging parents dependent on you or a kid in junior year of high school

Or a career without a lot of options to move.

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Response to lostnfound (Reply #10)

Tue May 14, 2019, 06:02 PM

15. Agreed.

I was referring, particularly, about the 11 yo victim in the article/op.

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Response to DetlefK (Original post)

Tue May 14, 2019, 09:04 AM

2. I think the reason is sinister

Trump is going to claim that Muslims are going to implement Sharia Law and point to female genital mutilation as to why he's going to ban Muslims again. Of course, leaving out that they're not defending the law banning it

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Response to NewJeffCT (Reply #2)

Tue May 14, 2019, 09:38 AM

8. that POS does nothing

that isn't sinister.

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Response to DetlefK (Original post)

Tue May 14, 2019, 09:07 AM

3. I see the DOJ refuses to protect women . . .

Nor civil rights. White nationalist at their best. But alas, healthcare for millions is on their top agenda to eliminate tho. t-rump administration is trying to out do 2018 wherein over 1 million USA's citizens have lost health care.

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Response to DetlefK (Original post)

Tue May 14, 2019, 09:25 AM

5. I've had it with these F'ing MoFos...

Sounds like they are fixin' for a heapin' helpin' of their own medicine. I think we women need to deliver, as in cut them off until we get our rights back and no mansplaining BS about it.

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Response to DetlefK (Original post)

Tue May 14, 2019, 10:05 AM

9. The Republican Party is Truly the Women Hater's Party

The are working toward returning us to the days of women as chattel. Ending womenís reproductive rights, including access to birth control, is merely the first step. More misogyny to come, guaranteed, as they share many more commonalities with middle eastern religious extremists than most Americans would like to believe.

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Response to DetlefK (Original post)

Tue May 14, 2019, 12:47 PM

11. I don't see how anyone calling themself a doctor can do this.




It's barbaric. Their credentials should be revoked and they should face legal action.

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Response to DetlefK (Original post)

Tue May 14, 2019, 01:08 PM

12. Write a new, better law and pass it

I know that's the cop-out the DOJ is using, but it's the easiest most efficient remedy for a badly-written law.

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Response to gratuitous (Reply #12)

Tue May 14, 2019, 01:57 PM

13. The US Senate has not passed a single bill in more than a month.

So how fast will that new law come?

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Response to DetlefK (Reply #13)

Tue May 14, 2019, 02:00 PM

14. The law in question is a Michigan state law

While the U.S. Congress is screen-door-on-a-submarine level useful, state legislatures can still be goaded into acting.

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