On the recordFebruary 7, 2013
I listened to everything the chairman said. I am not going to rebut point by point. I wish to take a little bit of time to emphasize the key points I have tried to make. In a sense, I might be asking the chairman to think in terms of what we are trying to accomplish just on a couple of points. First of all, I think this is pointed out with the underlying bill that somehow all victims are not protected. The point is, that for however many years now--I suppose it is 25 years that this legislation has been on the books--all victims are protected under the substitute and, I want to emphasize, under current law. It was then-Senator Biden, now Vice President Biden, writing the current law. His law did not discriminate. As Senator Leahy says, those who provide domestic violence services believe a victim is a victim. They do not discriminate. On another point about the tribal courts, I made reference to the Congressional Research Service when I gave my longer remarks on this point of questionable constitutional issues. As for the tribal court provisions, the Congressional Research Service has raised serious constitutional problems both with respect to the authority of tribal courts to prosecute non-Indians and the constitutional rights of non- Indians. What is very cruel is to provide tribal women the illusion of a solution that courts may well strike down on constitutional grounds in the future. I yield the floor, and I suggest the absence of a quorum.…





