The most recent opinion in the so-called Kennewick Man or Ancient One
(as many American Indians choose to call the skeleton) case by the United
States Court of Appeals for the Ninth Circuit unfortunately resurrects
some very old and contentious issues in America. Indians mostly view the
opinion as one more echo of the same old story of Native American property
issues raised in the courts, but they also understand that some
implications may be broader. The most direct impact of the opinion is that
the Umatilla people will not be allowed to return the Ancient One to the
earth, but others could be portents of a larger resurgence of anti-Indian
sentiment and scientific colonialism in America. Specifically, though not
directly stated as such, the court's opinion supports a notion that
archaeological materials are a public heritage, no matter their culture of
origin. In addition, by affirming the plaintiffs' position, the court
essentially declared archaeologists and associated scientists to be the
primary stewards of that heritage, much to the chagrin of many American
Indian people. Along the way, the court reinforced the idea that
scientifically generated evidence has greater validity than oral tradition
in court, outright denying oral tradition's validity and undercutting
a major intention of the Native American Graves Protection and
Repatriation Act (NAGPRA). Worse still, the court reflects—and by
its decision supports—an idea that there may be a
“white” or European history for the Americas that predates the
arrival of Indians. The most damaging and long-term impact is that the
decision reinforces fundamentally erroneous definitions and stereotypes
about Indians as tribes, which has plagued Indian-white relations
for generations.