Here is “American Indians challenging eagle feather rules get a boost from ‘Hobby Lobby.'”
Eagle Act
Jay Wexler Visits the National Eagle Repository in the Green Bag 2d
Here is the article, a description of the inside of the National Eagle Repository.
Tenth Circuit Reinstates Conviction of Non-Indian for Violation of Eagle Act
Here is today’s decision in United States v. Wilgus.
The conclusion:
We are sensitive to the sincerity of Wilgus’ religious beliefs, and we do not question either the authenticity or the weight of his religious experience among Native Americans. We recognize that this litigation has now been pending for more than a decade, and that both sides have put forward many meritorious arguments and reams of evidence. The district court performed yeoman’s service in sorting through that evidence in an attempt to determine whether the Eagle Act permitting requirements are the least restrictive means of forwarding the government’s dual compelling interests. The district court concluded in the negative, and we respect the work that went into it, but we cannot agree. We are convinced that, in light of the options before the federal government, the regulations at issue are the least restrictive means available to advance its compelling interests. We therefore REVERSE the conclusion of the district court to the contrary and hold that Wilgus’ conviction did not violate RFRA.
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.
Turtle Talk 