Ancient One / Kennewick Man
Yesterday the Ninth Circuit Court of Appeals granted the joint tribal motion for a stay in the Ancient One (Kennewick Man) case. The stay keeps the case at the status quo, preventing any further study of the remains, until the 9th Circuit Court addresses the appeals by the claimant tribes and the United States government.
We are deeply pleased with the decision of the Ninth Circuit
to grant our motion requesting a stay in this case. We are grateful
that the remains are going to be protected throughout this appeal.
We are heartened by the fact that one of the requirements for
the court to grant a stay motion is a finding that there is a
likelihood of success on the merits of the appeal. In other words,
this ruling means that the Ninth Circuit agrees that we have a
case strong enough to warrant holding it at the status quo during
the appeal.
While the grant of this motion is far from victory in this case,
it is a vindication that our interests are not strictly "religious"
as characterized by Magistrate Jelderks. We raised the same issues
for a stay to the Ninth Circuit that we did in the district court
and the Ninth Circuit agrees our concerns are significant enough
to prohibit implementation of the Jelderks August 30, 2002 order
that would have allowed more destructive scientific studies of
the Ancient One, a majority of which have already been conducted.
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