[Right Wing Professor]

Nope, that was the Clinton administration and the court ruled in favor of the scientists. It is presentlt back in court on appeal. (Kennewick Man)

Nope, the Bush administration filed a brief in the appeal claiming the remains were culturally unaffiliated but still Native American and thus covered by NAGPRA.

As the Department of Justice states in their July 1 response brief to the 9th Circuit, their current position is that these remains are without a qualified claimant. The agencies now argue that the remains should be found to be Native American, paving the way to repatriate them under NAGPRA's section dealing with unidentified remains. They fail to mention to the Court the fact that the Department of the Interior has not managed to finalize regulations on how to handle unidentified remains.

It's on my list of ten reasons why I won't be voting for GWB in 2004.

[blam]

From Your link:

"The Oregon District Court found the DOI's final determination arbitrary and ruled in favor of the scientists in August 2002."

"So what is their appeals strategy? As the Department of Justice states in their July 1 response brief to the 9th Circuit, their current position is that these remains are without a qualified claimant. The agencies now argue that the remains should be found to be Native American, paving the way to repatriate them under NAGPRA's section dealing with unidentified remains. They fail to mention to the Court the fact that the Department of the Interior has not managed to finalize regulations on how to handle unidentified remains. NAGPRA was enacted nearly 13 years ago in 1990."

"In the meantime, the agency shell game continues. The government's appeal focuses on the Court's rejection of agency interpretation of the term "Native American". What will happen to the scientists' original complaint that the agencies' decision-making process was flawed? The legal remedy rests with the 9th Circuit."