Moira Breen shares the happy news that a three judge panel of Ninth Circuit turned back the attempt to legislate scientific truth and methedology. The case involved the ability of scientists to study the "Kennewick Man." The subject of the dispute centers around the approximate nine thousand year old remains of a human with feautures more typical of Europeans than Asians, thereby raising the possibility that the migration of humans into North America was a lot more complex than anyone had previously imagined. Here is the link to the decision.
The decision is a good primer on things like standing and statutory construction. The decision focuses on the interpretation of Native American Graves Protection and Repatriation Act (“NAGPRA”), 25 U.S.C. § 3001 and specifically whether the Secretary of the Interior's decision to deliver the nine thousand year old remains to modern tribes was irrational or arbitrary under NAGPRA. The Court makes the fundamentally intelligent decision that the since Congress defined the tribes within the scope of NAGPRA's protection in the present tense, only existing tribes could make a claim to the remains, and since there was no evidence of a connection between existing tribes and the remains, the Secretary's decision was irrational, arbitrary or capricious.
Now let's set the intricacies of statutory construction aside for the moment and take a look at the big picture. What was going on here? Obviously, what was at stake was some kind of ideological view that requires that Native Americans not have European antecedents. And, because of that, the government was willing to stifle and suppress scientific research.
There is a fundamentally amazing footnote in the decision:
[Footnote] 10 The Corps buried the discovery site of the remains under approximately two million pounds of rubble and dirt, topped with 3700 willow, dogwood, and cottonwood plants. The lengthy administrative record that Defendants filed with the district court documents only a portion of the process by which the decision to bury the site was made. Nevertheless, that record suggested to the district court that the Corps’ primary objective in covering the site was to prevent additional remains or artifacts from being discovered, not to “preserve” the site’s archaeological value or to remedy a severe erosion control problem as Defendants represented. Bonnichsen III, 217 F. Supp. 2d at 1125. Burial of the discovery site hindered efforts to verify the age of Kennewick Man’s remains, and effectively ended efforts to determine whether other artifacts are present at the site which might shed light on the relationship between the remains and contemporary American Indians. Id. at 1126.
Reflect on that for a second - the United States government dumpted tons of rubble on a scientific site that could have proven invaluable in learning about the origins of man in North America.
Consider also the attempt to enshrine "Native Science" as a basis for allowing the tribes to prove the connection between the remains and their tribes.
So what happened in this case was classic barbarism - vandalism - which was perpetrated by the government against science in the name of ethnic identity politics.
Now let's listen for the sound of outrage by the same folks who express outrage when the fundamentalists try to play obvious and marginal games when the State tries to teach their children things which threaten their faith.
[Sounds of crickets chirping.]
There's a scandal here that should be uncovered, but will probably die in silence. What induced the Army Corps of Engineers to vandalize an archeological site in the name of political correctness? Why didn't the Bush administration pull out of this suit? What induced three democrat judges to do the right thing?
Americans need to wake up and realize that science is under attack and the real threat comes from the side that can tie policy to the prevailing zeitgeist of identity politics.
I am The Hierophant





















