The custody battle for Kennewick's remains is still in court. On August 30, 2002, Justice John Jelderks, Justice Magistrate of the United States District Court in Portland, Oregon, handed down a decision in the ownership of Kennewick man case. Jelderks decision found that the anthropologists must be given access to Kennewicks remains and that the remains will not be given to the Native American tribes.

Of course, the case does not end here. Lawyers for the tribes have filed a motion with the courts asking for a stay until their appeal comes to trial. If the motion is granted Kennewick will remain out of reach of the scientists until the appeals court decision is reached.

"Any study prior to final resolution of this case offends the very purpose for which NAGPRA was passed by Congress," the tribes said.

The scientists lawyers plan to officially oppose the tribes' motion. There claim is that the testing they wish to perform on Kennewick will not significantly affect the remains. And the scientists contend that Kennewick must be studied in order to determine if he is indeed an ancestor of the tribes.

As of December 2, 2002 no decision has been reached on whether the scientists will have access to Kennewick's remains.