RFRA bars drawing blood for DNA database

[Vance R. Koven]

I'm fascinated by the following statement in the court's opinion:

We have reservations as to whether his beliefs are
sincerely held, and the district court didn't make any findings
on this issue. The government argues that Zimmerman's
beliefs aren't sincere because of his previous drug use and tattoos,
but it is possible that his beliefs have changed over time.

Whatever might those tattoos have indicated?



On Dec 19, 2007 9:39 AM, Joel Sogol <jlsatty at wwisp.com> wrote:

>  Here's a new twist on the subject:
>
> *Ninth Circuit reinstates federal criminal defendant's challenge under the
> Religious Freedom Restoration Act to having to provide a blood sample for
> the federal DNA database:* You can access today's per curiam decision of
> the U.S. Court of Appeals for the Ninth Circuit<http://www.ca9.uscourts.gov/>at this
> link<http://www.ca9.uscourts.gov/ca9/newopinions.nsf/230D5EB769385190882573B4008102F2/$file/0650506.pdf?openelement>.
> Unfortunately for the defendant, there are many ways to harvest his DNA, and
> it is unlikely that his religion proscribes them all.
> Posted at 01:11 PM <http://howappealing.law.com/121807.html#030752>by Howard
> Bashman <appellateblog at hotmail.com>
>
>
>
>
>
> Joel L. Sogol
>
> 811 21st Ave.
>
> Tuscaloosa, ALabama  35401
>
> ph (205) 345-0966
>
> fx (205) 345-0971
>
> email:  jlsatty at wwisp.com
>
>
>
> Ben Franklin observed that truth wins a fair fight - which is why we have
> evidence rules in U.S. courts.
>
>
>
>
>
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-- 
Vance R. Koven
Boston, MA USA
vrkoven at world.std.com
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