Andrus v. Allard
United States Supreme Court
444 U.S. 51 (1979)
- Written by Patrick Busch, JD
Facts
Allard (plaintiff) sells Native American artifacts, some of which include eagle feathers. The federal Eagle Protection Act prohibits the sale of eagle eggs or body parts, but does not prohibit the possession or noncommercial transfer of items that were lawfully obtained before the law went into effect in 1940. Andrus (defendant), the Secretary of the Interior, issued regulations prohibiting the commercial sale of eagle body parts gathered before 1940. Allard was prosecuted for violating the Eagle Protection Act. He then brought suit seeking a declaration that the statute did not restrict sales of feathers gathered before 1940, and that if the statute and regulations did restrict the sales, they violated the Fifth Amendment. The district court entered judgment for Allard on both claims, and the Secretary of the Interior appealed.
Rule of Law
Issue
Holding and Reasoning (Brennan, J.)
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