10th Circuit to hear Arapaho eagle killing case

Monday, December 17, 2007  

The 10th Circuit Court of Appeals is holding oral arguments this morning in the case of a Northern Arapaho man who killed an eagle for use in the Sun Dance.

Winslow Friday was prosecuted for killing an eagle without a federal permit. But a judge threw out the charges, saying the government's permitting process infringes on Native religious rights.

The Bush administration appealed. The U.S. Fish and Wildlife Service wants Native Americans to obtain eagles and eagle parts through the National Eagle Repository but the process can take years.

The Northern Arapaho Tribe is supporting Friday. The tribe says the government never grants any permits for Native Americans to kill eagles.

If the 10th Circuit rules in Friday's favor, the issue could be headed to the Supreme Court, writes Indian law blogger Matthew L.M. Fletcher of the Michigan State University College of Law. That's because the 9th Circuit, in another case, is likely to rule that two Native men who are connected to Mexican tribes can be prosecuted for possessing eagle feathers since they are not members of a federally recognized tribe.

The case is being heard in Denver [PDF: Schedule].

Get the Story:
Possible Future Circuit Split re: Bald & Golden Eagles Protection Act (Turtle Talk 12/16)

Lower Court Decision:
US v. Friday (October 16, 2006)

10th Circuit Briefs:
US Opening Brief | Friday Response Brief | US Reply Brief

Relevant Links:
Northern Arapaho Tribe - http://www.northernarapaho.com
National Eagle Repository - http://www.r6.fws.gov/law/le65.html

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