Tribes decline SCOTUS appeal. According to a somewhat confused AP report here (registration required), the four tribes that have been disputing the disposition of the remains of Kennewick Man have decided not to appeal the case to the Supreme Court. (I say somewhat confused, because later in the article it is reported that one of the four tribes, the Umatilla, will not be voting until Monday, although a spokeswoman reports that it is "'highly likely that they are not going to pursue it'." This is the only report available as I type; I'll try to link to more easily accessible ones when they become available.)

In February, the Ninth Circuit decided in favor of the scientist plaintiffs, and in April declined an en banc review. Also, "[t]he U.S. Justice Department, which earlier had sided with the tribes, declined Thursday to say whether it would file its own appeal to the nation's highest court by a Monday deadline. Seattle attorney Rob Roy Smith, who represents the Colville Tribes, said he assumes the federal agency will not continue with the case."

Smith still argues for ultimate tribal control over the remains:

"Despite the rulings, the tribes still believe that these remains are of an ancestor and they want to make sure the remains are treated in the most respectable manner possible," Smith said. "And if and when these studies do take place, they want the remains to be returned for reburial."

And the scientists cannot begin studies just yet:

Alan L. Schneider, a Portland attorney representing the scientists, said his clients - eight prominent U.S. anthropologists - would not immediately be able to study the remains even if the tribes and the Justice Department do not appeal the case.

A study plan will need to be negotiated with the federal agencies overseeing the remains, he said.

UPDATES: More links:

"Tribes quit their long fight over Kennewick Man remains"
"Tribes quit long fight over Kennewick Man's remains"
"Kennewick Man appeal unlikely"

Posted by Moira Breen at July 16, 2004 05:22 AM