The Senate on Monday evening turned back a Republican effort to strip from the reauthorization of the Violence Against Women Act a controversial provision that would expand the authority of Native American courts to prosecute non-Indians accused of abusing native women, but senators left final passage of the bill until Tuesday.
The vote, 31 to 59, fell largely along party lines, but four Republicans voted to preserve the expansion of tribal authority. Final passage of a reauthorized violence protection act is expected on a bipartisan vote Tuesday.
The tribal courts issue, however, remains the one true obstacle to an agreement with the Republican-controlled House.
Senate Democrats â" and some Republicans â" said they would fight to keep the provision in any final bill to reauthorize and expand the landmark 1994 anti-domestic violence law Senator Maria Cantwell of Washington, the chairwoman of the Senate Indian Affairs Committee, said she was counting on Representative Darrell Issa, Republican of California, and especially Representative Tom Cole, Republican of Oklahoma, who is part Native American, to turn up the pressure on House Republican leaders to move on the bill.
âIâm hoping that he will break through on the issue,â she said of Mr. Cole.
Senator Tom Coburn, Republican of Oklahoma, had proposed to remove the provision that for the first time would give tribal courts jurisdiction over non-Native Americans who commit a domestic-violence crime on Indian land or against a Native American woman. Mr. Coburn said his amendment would have reaffirmed âthe inalienable rights of every American citizen guaranteed by the Constitution of the United States.â
But he faced opposition in both parties.
âI have heard too many of the horror stories, and I have heard the law enforcement folks come forward and sa! y, weâve got to do something because right now itâs so confused that if a sheriffâs office gets a 911 call, and they find out the woman is calling from a reservation, and they find out itâs her boyfriend and heâs not a member of the tribe, weâve heard stories that they donât even respond,â said Senator Lisa Murkowski, Republican of Alaska. âBasically you can get away with bloody murder.â
A final Senate vote on the bill was expected Monday, but flight delays associated with the weekend storm forced its postponement for a day.