Appeals Court to Consider Milah Case on Tuesday


The United States Court of Appeals for the Second Circuit, located in downtown Manhattan, will consider on Tuesday, February 19, a request for a stay blocking implementation of unprecedented regulation of bris milah. Last month a lower court had ruled against the lawsuit brought by three Jewish organizations and three mohalim,  representing a wide spectrum of Torah Jewry, who were seeking an injunction against a regulation requiring mohalim to ask parents to sign a consent form which espouses the NYC Department of Health’s view associating metzitzah b’peh (MBP) with serious health risks, a position firmly rejected by mohalim and leading medical experts. No oral arguments are scheduled, and the judges will rule based on the legal briefs that were submitted.

The Appeals Court panel sometimes releases a ruling the same day. It often takes them longer to do so.

“We hope b’siyatta diShmaya that our motion to stay this regulation pending appeal will be favorably considered on Tuesday,” Yerachmiel Simins, an attorney for the plaintiffs, told Hamodia.

“Innocent mohalim and parents are challenged daily while this regulation is in effect; may Hashem give them continued strength. As we know, the City is not stopping its efforts against our mesorah, neither are we stopping our hishtadlus to defend it, and we are heartened by the increased outpouring of community support,” he added.