‘As despicable as this practice may be, it is essentially a criminal assault. 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,’ Friedman said.
“He wrote: ‘FGM is a “local criminal activity” which, in keeping with long-standing tradition and our federal system of government, is for the states to regulate, not Congress.”
I did not read the 28 page decision but it certainly appears that his decision was based on an invalid (overstretching) usage of the Commerce Clause by Congress when drafting the law. I saw no reference to his relying on a conflict with First Amendment protections for his decision.
....female genital mutilation.......
Good grief what part of that title alone don’t people understand! It’s beyond an assault....it’s ritualistic tribal torture.