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The judge said; "“As despicable as this practice may be, it is essentially a criminal assault,” Friedman wrote. “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.”
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In effect, the federal government cannot legislate this through the 'commerce clause'" because of constitutional barriers. As the judge stated it is "an assault' which must be adjudicated by the individual state. That makes perfect sense to me.
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So what does this ruling make circumcision ?
Infant boys have been mutilated with no anesthesia in this country for many many decades.
Who gets circumcised without anesthesia? And how is removing a useless skin overcoat for your penis "mutilation"?
Myths about Circumcision You Likely Believe
The foreskin is half of the penis's skin, not just a flap.
Most newborns do not receive adequate anesthesia. Only 45% of doctors who do circumcisions use any anesthesia at all. Obstetricians perform 70% of circumcisions and are least likely to use anesthesia - only 25% do.
The foreskin is an evolutionary relic, like wisdom teeth and the appendix. It serves no useful purpose except to give deranged zealots something to obsess over.
The foreskin is indeed like a skin overcoat you can't get rid of and is a great repository for many diseases (like cancer for instance
Penis Cancer Causes, Signs, Symptoms & Treatment) if not scrupulously scrubbed on a regular basis and not even then in many cases.
Hmmm....would I rather have a bothersome, useless, ridiculous looking flap of skin hanging over the end of my penis or the likelihood of penile cancer hovering over my head the rest of my life?
What a "tough" decision.
As for the statistics about the number of doctors that do not use anesthesia it is unsourced and therefore not reliable and anecdotal. And even if true (IF) the trade off between the temporary pain of circumcision without pain killer and the very real chance of cancer as a direct result of this useless funny looking skin hat is a very good deal indeed.