Government’s Opening Brief in Tenth Circuit Appeal of RFRA Eagle Case Involving Non-Indians

Here is the government’s opening brief in U.S. v. Wilgus (CA10) — US Opening Brief in Wilgus

Wilgus, you may recall, is a non-Indian who took eagle parts in violation of the Eagle Act, but avoided conviction by arguing under the Religious Freedom Restoration Act any application of the Eagle Act to him, as a non-Indian, would destroy his right to practice a “Native American” religion (lower court opinion is here). As we noted then, Indians like Winslow Friday get prosecuted because the Eagle Act theoretically allows them to use eagle parts, but non-Indians are immune because they can’t. Huh?

We’ll be watching to see how this plays out.