Legal Analysis and Commentary from Justia
Judaism

Who Will Protect New York’s Children from Preventable Death and Permanent Disability?

Cardozo law professor Marci Hamilton discusses an archaic Orthodox Jewish practice that persists despite putting infants at risk of death or permanent injury. Hamilton describes a recent decision by the U.S. Court of Appeals for the Second Circuit holding that strict scrutiny applies to the New York City regulation requiring that rabbis receive informed consent from an infant’s parents before performing the dangerous ritual. Hamilton explains why, in her view, the Second Circuit erred in reaching that decision, and moreover, why current criminal laws should be used to protect children from being exposed to the risk. Continue reading →