Sec. 5. SENSE OF THE CONGRESS

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## SEC. 5 SENSE OF THE CONGRESS **[**[18 U.S.C. 116 note](/us/usc/t18/s116)**]** It is the sense of the Congress that the United States District Court for the Eastern District of Michigan erred in invalidating the prior version of such section 116 (See United States v. Nagarwala, 350 F. Supp. 3d 613, 631 (E.D. Mich. 2018)). The commercial nature of female genital mutilation (hereinafter in this section referred to as “FGM”) is “self-evident,” meaning that the “absence of particularized findings” about the commercial nature of FGM in the predecessor statute did not “call into question Congress’s authority to legislate” (Gonzales v.

Raich, 545 U.S. 1, 21 (2005)). Nevertheless, the Congress has elected to amend the FGM statute to clarify the commercial nature of the conduct that this statute regulates. But, by doing so, Congress does not hereby ratify the district court’s erroneous interpretation in Nagarwala.

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U.S. Code

Female genital mutilation
§ 116

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350 F. Supp. 3d 613
545 U.S. 1

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Sec. 5

SENSE OF THE CONGRESS

U.S.C.§ 116

F. Supp.350 F. Supp. 3d 613

SCOTUS545 U.S. 1

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