Democrat vote on Ashcroft could affect tribes

FROM THE ARCHIVE

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FEBRUARY 1, 2001

After weeks of debate over President George W. Bush's controversial Attorney General nominee, the Senate today is expected to confirm former Missouri Senator John Ashcroft to head the Department of Justice.

Bush's only unconfirmed nominee, a number of national groups have voiced opposition to Ashcroft, focusing on his views on abortion, affirmative action, gays and lesbians, gun control, law enforcement, and religion. An increasing number of Democrats have joined the fight, ranging from freshman Maria Cantwell of Washington to Ted Kennedy of Massachusetts.

But even though he barely gained approval from the Senate Committee on the Judiciary earlier this week, Republicans and Democrats are predicting an Ashcroft victory today. Still, Democrats hope to gather at least 40 votes against him, sending a message to Bush that any future conservative nominees, especially those to the Supreme Court, will be met with resistance.

The Court's current set of nine justices are frequently divided along a conservative-liberal lines, narrowly upholding or overturning civil rights, environmental, and constitutional cases by 5-4 votes. The split was most widely observed last month when legal scholars and the public alike expressed disapproval when the Court effectively put Bush into office by stepping into the hotly contested Presidential dispute.

Indian Country hasn't escaped the phenomenon, either. Liberal Justices like John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer often come down on the side of tribes in cases before the Court, voting to uphold treaty, water, and natural resources rights.

Occasionally, the liberal bloc gains the support of either Sandra Day O'Connor and Anthony Kennedy, considered the swing members of the Court. In 1999, O'Connor's vote helped the liberal Justices win a 5-4 decision which upheld the off-reservation treaty rights of Chippewa tribes in Minnesota.

Although no Justices have announced plans to step down just yet, O'Connor has been the subject of speculation, particularly given her reported preference to retire under a Republican President. Nevertheless, any potential Justice chosen by Bush will likely face intense public scrutiny.

Meanwhile, at least 26 Democrat Senators have publicly acknowledged their intent to vote against Ashcroft today. On Wednesday, four announced their opposition: Bob Graham and Bill Nelson of Florida, Barbara Mikulski of Maryland and Jeff Bingaman of New Mexico.

At the same time, at least six Democrats have decided to support Ashcroft, including Christopher Dodd of Connecticut. But like those who voted in favor of newly confirmed Secretary of Interior Gale Norton, Dodd said he still had concerns about Ashcroft.