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In reply to the discussion: Federal judge finds female genital mutilation law unconstitutional [View all]elleng
(130,861 posts)'Nagarwala has maintained she committed no crime and is being prosecuted under a law that slid through Congress without proper vetting.
The law was never debated on the floor of either chamber of Congress nor was there ever any legislative hearing addressing the justification or need for the federal law. Instead, all that exists is the criminal statute itself, defense lawyers have argued in court documents, claiming the driving force behind the legislation was one lawmakers belief that the prohibited conduct was repulsive and cruel.
But the Constitution demands more than that, the defense has argued, claiming Congress could not have passed a female genital mutilation ban under the Commerce Clause because notably, here, the activity being regulated has absolutely no effect on interstate commerce.'
It will, finally, be decided properly, as it should be.