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Shocker: Trump and Barr refuse to defend ban on female genital mutilation

uptower

uptower

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Shocker: Trump and Barr refuse to defend ban on female genital mutilation | Salon.com

The GOP's War on Women continues:

The DOJ could have appealed the ruling, but Francisco told Feinstein there’s no legal basis to defend the 20-year-old ban, and therefore it’ll allow the law to disappear. It’s up to Congress, the Trump administration wrote, to amend the law or to pass a new one. If that sounds familiar, it’s because we’ve seen this tactic before. This is also how Trump dealt with DACA as well as his current strategy for repealing the Affordable Care Act. Kill it then use it as leverage. It wouldn’t shock me if we discovered Trump planned to use the FGM issue as a negotiation ploy, just like the ACA and DACA. We haven’t heard any rumors to that effect, but the precedent exists.


It’d be one thing if the DOJ continued to defend the law and lost the battle in the Supreme Court. But given the repugnance of this form of torture, it seems inconceivable that America would simply throw in the towel, allowing FGM to be legalized again — until we remember the soulless ghoul who’s occupying the Oval Office at the moment. Then it all makes total sense.
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This is Trump strategy to win the female vote.
 
uptower said:
Shocker: Trump and Barr refuse to defend ban on female genital mutilation | Salon.com

The GOP's War on Women continues:
Click to expand...

shocker the salon makes a bull**** article again.

Female genital mutilation case: Nearly all federal charges dropped against Michigan doctor - CNN

"Congress overstepped its bounds by legislating to prohibit [female genital mutilation]," Friedman wrote, calling it a "local criminal activity" for the states to regulate, not Congress.

The enactment of a law criminalizing female genital mutilation was not a permissible use of congressional power, Friedman wrote in his opinion, concluding that the law itself was unconstitutional.
"As laudable as the prohibition of a particular type of abuse of girls may be, it does not logically further the goal of protecting children on a nondiscriminatory basis," Friedman wrote, later noting that the Supreme Court has said that individual states, not the federal government, have the authority to police local criminal activity.
 
uptower said:
Shocker: Trump and Barr refuse to defend ban on female genital mutilation | Salon.com
The GOP's War on Women continues:
Click to expand...


If a federal judge overturns a law because he considers it "unconstitutional", can the President tell him "up yours"?

November 2018: "... US district judge Bernard Friedman ruled that the 22-year ban on the non-medical, religiously-motivated procedure was unconstitutional. ..."

US judge: The ban on female genital mutilation is unconstitutional — Quartz
 
Tax return liberals once again confused because they don't understand that Congress has limited powers and therefore can't pass whatever legislation pleases them. They had no authority to pass that law. It is therefore unconstitutional.
 
Barnacle said:
If a federal judge overturns a law because he considers it "unconstitutional", can the President tell him "up yours"?
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The DOJ could have appealed the ruling, but Francisco told Feinstein there’s no legal basis to defend the 20-year-old ban, and therefore it’ll allow the law to disappear. It’s up to Congress, the Trump administration wrote, to amend the law or to pass a new one. If that sounds familiar, it’s because we’ve seen this tactic before. This is also how Trump dealt with DACA as well as his current strategy for repealing the Affordable Care Act. Kill it then use it as leverage. It wouldn’t shock me if we discovered Trump planned to use the FGM issue as a negotiation ploy, just like the ACA and DACA. We haven’t heard any rumors to that effect, but the precedent exists.
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They'll go balls to the wall to protect trump's tax returns though...
 
uptower said:
They'll go balls to the wall to protect trump's tax returns though...
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Maybe it's because of their religion and they don't care?
 
uptower said:
Shocker: Trump and Barr refuse to defend ban on female genital mutilation | Salon.com

The GOP's War on Women continues:
Click to expand...

The issue here isn't that the process is objectionable -- I don't think anyone disagrees with that. The issue is with the structure of the law itself -- attempting to regulate a local crime at a federal level, when there isn't an interstate aspect. The judge points out (rightly so) that this can and should be dealt with by state / local laws.

As a side note, the article refers to the ACA and DACA, but not pushing the appeals to the supreme court isn't a Trump tactic - it's been used by previous adminstrations. One notable example is the Obama Administration dropping Don't ask Don't tell.
 
Now some Democrats are FURIOUS that President Trump doesn't act like a tyrant and just declare laws into existence, erasing Congress. :roll:

If the current law is defective, it is defective. Trying someone under a defective law results in a permanent not guilty verdict - by which Democrats such as the OPer apparently want more people found not guilty on technicalities with the REAL goal of blocking those evil people getting away with it.

If the OPer REALLY wanted the practice stopped he would be ranting about Congress not acting fast enough to change the law. Instead, the OPer apparently wants the practice protected, but has a clever way to do so - while denying it.
 
Taylor said:
Tax return liberals once again confused because they don't understand that Congress has limited powers and therefore can't pass whatever legislation pleases them. They had no authority to pass that law. It is therefore unconstitutional.
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I find it hilarious conservatives will defend the upending of a law that enables specifically them to mutilate children. As if the odious and disgusting practice of Male genital mutilation were not enough, you lot now have gone and done this.

Tax return liberals? What a bunch of contrived idiocy that comment is.

Constitutional or not if you want to mutilate the genitals of your children you are a disgusting human being.
 
ludin said:
shocker the salon makes a bull**** article again.

Female genital mutilation case: Nearly all federal charges dropped against Michigan doctor - CNN

"Congress overstepped its bounds by legislating to prohibit [female genital mutilation]," Friedman wrote, calling it a "local criminal activity" for the states to regulate, not Congress.

The enactment of a law criminalizing female genital mutilation was not a permissible use of congressional power, Friedman wrote in his opinion, concluding that the law itself was unconstitutional.
"As laudable as the prohibition of a particular type of abuse of girls may be, it does not logically further the goal of protecting children on a nondiscriminatory basis," Friedman wrote, later noting that the Supreme Court has said that individual states, not the federal government, have the authority to police local criminal activity.
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So you want your daughters mutilated? It sounds like a hate crime against women to me. That is well within Federal jurisdiction.
 
ludin said:
shocker the salon makes a bull**** article again.

Female genital mutilation case: Nearly all federal charges dropped against Michigan doctor - CNN

"Congress overstepped its bounds by legislating to prohibit [female genital mutilation]," Friedman wrote, calling it a "local criminal activity" for the states to regulate, not Congress.

The enactment of a law criminalizing female genital mutilation was not a permissible use of congressional power, Friedman wrote in his opinion, concluding that the law itself was unconstitutional.
"As laudable as the prohibition of a particular type of abuse of girls may be, it does not logically further the goal of protecting children on a nondiscriminatory basis," Friedman wrote, later noting that the Supreme Court has said that individual states, not the federal government, have the authority to police local criminal activity.
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Yeah; this is an old story.
 
iguanaman said:
So you want your daughters mutilated? It sounds like a hate crime against women to me. That is well within Federal jurisdiction.
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I doubt it's in his culture to even do that. Certainly isn't in mine. Question who exactly is doing this, and address them.
 
uptower said:
Shocker: Trump and Barr refuse to defend ban on female genital mutilation | Salon.com

The GOP's War on Women continues:
Click to expand...

The democrat house of depravity is divided. The leftist democrats backed by the ACLU decried republican legislation against FGM and now they are claiming Trump and Barr are evil for not overruling a homosexual-marrying federal judge who ruled the law against FGM was unconstitutional.

ACLU Defends Genital Mutilation, Liberals Rejoice As Islam Protected Despite Congressional Bill - Conservative Daily Post
 
iguanaman said:
So you want your daughters mutilated? It sounds like a hate crime against women to me. That is well within Federal jurisdiction.
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Democrats and the ACLU have fought against criminalizing FGM because they say it is a protected Muslim right to religious beliefs.
 
iguanaman said:
So you want your daughters mutilated? It sounds like a hate crime against women to me. That is well within Federal jurisdiction.
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You evidently didn't read the judge. However this has nothing to do with trump has the BS salon article says.
It has nothing to do with whether i want my daughter mutilated. i would probably kill the bastard that tried it.

The fact is though that congress overstepped it's bounds. it is only a federal crime if it crosses state lines.
if the crime happens within the state then it is a state crime not a federal one and that is what the judge is saying.

which is outside of congresses power.
 
holbritter said:
I doubt it's in his culture to even do that. Certainly isn't in mine. Question who exactly is doing this, and address them.
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it is done by some muslim religions and african tribes.
it is a brutal process that ruins a women's sexual health for the rest of her life.

It is not something that i support or would ever advocate for at all.
the problem is that the entire premise of the article is wrong.

this is not a presidential issue this was in fact a congressional issue.
The law was passed back in 1996.

He noted that criminal law in the United States is generally defined and enforced by states — not by the federal government.

And health care can be regulated by the federal government, but the judge said female genital mutilation is "a form of physical assault," not a health care service.

U.S. attorneys also argued that Congress has the right to pass a ban on female genital mutilation because of a treaty promising equal protections for men and women, and promising to protect children from discrimination based on sex, race or other characteristics.

But because the ban on female genital mutilation is specific to girls, the judge did not see the relevance of that treaty. "As laudable as the prohibition of a particular type of abuse of girls may be, it does not logically further the goal of protecting children on a nondiscriminatory basis," he wrote.
 
SHOCKER:

Democrats in the House of Representatives refuse to fix federal law against genital mutilation after court strikes down the law fearing angering Muslims.
 
ludin said:
You evidently didn't read the judge. However this has nothing to do with trump has the BS salon article says.
It has nothing to do with whether i want my daughter mutilated. i would probably kill the bastard that tried it.

The fact is though that congress overstepped it's bounds. it is only a federal crime if it crosses state lines.
if the crime happens within the state then it is a state crime not a federal one and that is what the judge is saying.

which is outside of congresses power.
Click to expand...

Have you not heard of Federal "hate crime" laws? Are they also null and void? I think not.
 
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