"It seems to me that it is not unreasonable, even in the area of
religious observance, for the city to require parents to sign a form
that says that their eight day old baby can have this controversial
procedure performed on them. Given the [medical] allegations [against
MBP] and history this is a reasonable requirement on the part of the
city and falls within the kinds of things that are ordinarily regulated
even if there is a religious duty attached."
A Chabad mohel performs metzitzah b'peh in Brooklyn late last year
Nathan Lewin Says NYC’s Demand For Informed Consent Before Controversial Haredi Ritual Circumcision Practice Is Reasonable
Shmarya Rosenberg • FailedMessiah.com
Now we know why Nathan Lewin, the haredi world's go-to attorney for all matters constitutional, did not represent Satmar and Agudath Israel of America in its lawsuit against New York City's requirememnt that parents sign an informed consent before having their sons circumcsied by a mohel who will perform metzitzah b'peh (MBP; the direct mouth-to-bleeding-penis sucking done mostly by haredi mohels immediately after removing the baby's foreskin).
In an interview, Lewin reportedly told radio host Zev Brenner that he turned down the haredi request to represent them.
“I hope that the very fine lawyers who are representing the community that wants to be free of any restriction are able to succeed, but it seems to me that it is not unreasonable, even in the area of religious observance, for the city to require parents to sign a form that says that their eight day old baby can have this controversial procedure performed on them. Given the [medical] allegations [against MBP] and history this is a reasonable requirement on the part of the city and falls within the kinds of things that are ordinarily regulated even if there is a religious duty attached,” Lewin later told VIN News, adding that while he agreed that the slippery slope argument that allowing the city regulate any part of any religious practice could potentially lead to less benign restrictions by goverment later, it still was not enoughh to get him to take the case. “[The slippery slope argument] is the one legitimate argument that can be made…here. But I think we can cross that bridge when we come to it.”