Eugene Volokh has this post on the Volokh Conspiracy commending this opinion by Judge Michael McConnell: U.S. v. Friday, No. 06-8093 (10th Cir. May 8, 2008). The opinion begins:
Winslow Friday, a member of the Northern Arapaho Tribe of Wyoming, shot a bald eagle for use in the tribe’s traditional religious ceremony, the Sun Dance. He was charged under federal law with shooting an eagle without a permit, which is forbidden by the Bald and Golden Eagle Protection Act. Mr. Friday responded that the Religious Freedom Restoration Act precludes the government from prosecuting him. After an evidentiary hearing, the district court agreed and dismissed the indictment. We disagree, concluding that the Eagle Act and its regulations are the least restrictive means of pursuing the government’s compelling interest in preserving the bald eagle. We therefore reverse and remand the prosecution for trial.
The AP has this report on the ruling. Hat tip to Howard Bashman at the How Appealing blog.
