Federal ban on female genital mutilation deemed unconstitutional by judge

"Given the drafting of this law, I think he is right," said Professor Henning. "I do not like to say that Congress was breathing, but they breathed this law. There is no power of the federal police. They can not adopt what they want. It must be in one of the express powers of Congress and it was not. "

The lawyers who were fighting to stop female genital mutilation were appalled by the decision. Shelby Quast said her group, Equality Now, urged federal prosecutors to appeal the decision. "We are convinced that Congress had the necessary authority to adopt this law on FGM," she said.

Mariya Taher, a co-founder of Sahiyo, a group representing members of the Dawoodi Bohra sect who oppose mutilation, said she appreciated the fact that the decision does not tolerate female genital mutilation and that states still have the choice to make a complaint. But she added that she is worried about the message that those who believe in the reduction could draw from this decision.

"This is something that proponents will use as a reason to say that" what we are doing is not harmful, "giving them almost permission to do so?", She asked. "The United States is considered a leader, so it could certainly have repercussions globally."

In the Michigan case, Dr. Jumana Nagarwala, an emergency physician and member of the Dawoodi Bohra sect, is accused of cutting the genitals of nine girls. Dr. Fakhruddin Attar, an internist, is accused of allowing Dr. Nagarwala to use his now-closed Burhani Medical Clinic in Livonia, a suburb of Detroit. His wife, Farida Attar, director of the clinic's office, and another woman, Tahera Shafiq, were accused of helping the doctors.

Judge Friedman dismissed charges against Ms. Shafiq, as well as against the mothers of two Minnesota girls and a Michigan girl. Dr. Nagarwala, the Attars and a fourth mother are still charged with conspiracy to obstruct an official procedure. Mr. Nagarwala is also charged with conspiracy to travel for the purpose of engaging in unlawful sexual activity.

Molly Blythe, a lawyer for Dr. Nagarwala, said Wednesday that, although satisfied with the decision, Dr. Nagarwala is still in house arrest and still faces other charges, which could result in a prison sentence of several years. Federal.