John Cornyn: “I come to the floor to respond to some of the debate on the Violence Against Women Act reauthorization, which I believe…”

“I come to the floor to respond to some of the debate on the Violence Against Women Act reauthorization, which I believe misstates the law and the content of the underlying bill specifically as it relates to tribal court jurisdiction. First of all, I start from the premise that tribal courts should be able to prosecute domestic violence cases that occur on tribal lands involving tribal members. The question is, Under what procedure--what practice--is it appropriate for them to attain jurisdiction over nontribal members who commit these acts of domestic violence whom they wish to prosecute in tribal courts? I am not here to question the integrity of the tribal court system for tribe members. The only question on the table is whether tribal courts, under the law that applies to these tribal courts, is required to protect the constitutional rights of nontribe members whom they seek to assert jurisdiction over. In order to protect constitutional rights, the Constitution as interpreted by the Federal courts must be applied, and there must be an opportunity given to individuals who are prosecuted in these tribal courts who are not tribal members to appeal to a Federal court if, in fact, they are convicted. First of all, the distinguished Senator from Washington, Ms. Cantwell, has said there is a right of removal to Federal court in the underlying bill, and that is incorrect. There is no right of removal to Federal court in the underlying bill.…”