A federal court has granted a request by four Northwest tribes to prohibit a study of an ancient skeleton until the court has heard an appeal of the contentious case.The 9th U.S. Circuit Court of Appeals' decision, taken last week, prevents any study of the 9,300-year-old skeleton known as Kennewick Man, which eight anthropologists have sought to examine since 1996.
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The appeals court also said it was expediting hearing the case, with arguments by tribal and Justice Department attorneys due by mid-March and the scientists' arguments due by mid-April.
See the Friends of America's Past site for United States' Response to Tribes' Motion for Stay Pending Appeal and Joint Tribal Claimants' Reply in Support of Motion for Stay Pending Appeal. For some interesting background on the role of the Corps of Engineers in this case, see this attachment to Joint Tribal Claimants' reply.
(More on K-Man and related issues.)
Good lord. I am astonished that this case has continued this long.
The intensity of this battle is amazing.
Posted by: Dean Esmay on February 23, 2003
Not just K-man. The Umatilla are playing hardball and no one's noticing. Check the final paragraph of the Corps letter to Minthorn. Appears the Umatilla intend to be the Corps' sole source for Columbia River archeological site surveys and hope to lock away ALL collections from study. The Corps has a closed-door meeting with the Umatilla on Feb 27.
Posted by: Watchful Eye on February 23, 2003
Moira,
Y'know, the thing I haven't been able to discern is whether you are personally for or against the Kennewick man being examined? I think you're for it, but I can't recall your actually stating that. Please forgive if I've missed that declaration.
Posted by: Yahmdallah on February 24, 2003
Yahmdallah -
Why that must be because I'm such a weaselly subtle, nuanced, and unbiased writer.
But seriously, I am definitely in favor of examining K-Man's remains and keeping them properly curated for future scientific study. Extending NAGPRA to such cases is just insane.
Posted by: Moira on February 24, 2003
Moira,
Thx. I thought so, but just wanted to be sure.
And, for what it's worth, I think the bones should be examined, too.
One thing I've wondered about is the tribes who are trying to control the bones, as it were. Their actions don't seem to be consistent with their own burial customs, and since several different tribes are in on it, there doesn't seem to be consistency between the tribes in terms of burial customs. So since their machinations seem to be so blatantly about politics and control, and not burial customs, why does their case ever stand up in court?
Consider that question rhetorical, but that's the thing that bugs me.
Posted by: Yahmdallah on February 25, 2003
Yahmdallah -
Of course you're right about the politics - but in many cases (as with K-Man, originally), these decisions were administrative fiat. It was completely a political game to Interior and the Corps of Engineers, under the Clinton administration (and there's not much evidence things have changed under Bush). Courts, of course, are political and vary in their interpretations. Remember, K-Man is now in the hands of the Ninth Circuit Court (all now run from room screaming). I suspect it will end up with the Supremes.
I don't know if you saw this link, but it's an interesting start if you're interested in the politics of archeology in the U.S.
Posted by: Moira on February 25, 2003
Yahmdallah - re: your rhetorical question above. Of course the government's position in favor of the tribes DIDN'T stand up in court. Jelderks ruled in favor of the scientists' complaints. The appeals process is open to all, without regard to the merits.
Posted by: Watchful Eye on February 26, 2003