Professor Ronald Colombo signed an amicus brief petitioning for panel rehearing and rehearing en banc before the Ninth Circuit Court of Appeals. The brief argues that the lower court misinterpreted the Religious Freedom Restoration Act (RFRA). This challenged government action simultaneously destroys a Native American place of worship and denies the opportunity to worship. The lower court’s ruling departs from plain language of RFRA’s text, ignores its legislative history, misapprehends the import of RLUIPA’s identical language and of precedent interpreting it, and is contrary to the Supreme Court’s precedent and the Circuit Courts of Appeals’ precedent.
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