Henderson v. Kennedy

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

The petition for rehearing directs us to amendments of the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb et seq., enacted a year ago, but not mentioned by either side when the case was last before us. The petition argues that the amendments render erroneous our decision sustaining, as against a claim under RFRA, the National Park Service’s regulation prohibiting the sale of t-shirts on the National Mall.

RFRA had defined “exercise of religion” as “the exercise of religion under the First Amendment to…