FACIAL CHALLENGES Sample Clauses

FACIAL CHALLENGES. The district court held, and Mr. Friday contends on appeal, that the permit pro- cess for takings of eagles for Native Amer- ican religious purposes is so maladminis- tered as to render it futile. If this is so, the prohibition on eagle takings contained in the Eagle Act is effectively without ex- ception, despite the substantial burden this would place on tribal religious practices. The district court’s judgment on this score may therefore be understood as a holding that the Eagle Act violates RFRA in sub- stantially all of its applications to religious uses. This argument is a form of facial challenge. Mr. Friday also raises a facial challenge to the effect that the govern- ment has not made a sufficient empirical demonstration of need to require a permit process at all. As explained above, be- cause these are facial challenges to the statute, Mr. Friday is entitled to raise them notwithstanding his failure to apply for a permit.
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Related to FACIAL CHALLENGES

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