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FEBRUARY 16, 2001

In a move which has many in Indian Country wondering where Ben Nighthorse Campbell's priorities lie, the only Native American in the Senate has endorsed a letter urging President George W. Bush to nominate Slade Gorton for a federal judgeship.

Already under fire for defending fellow Coloradan and controversial Interior Secretary Gale Norton -- whom a majority of Native Americans in a recent survey said would be "harmful" to tribes -- Campbell was one of 48 Republican Senators who signed a February 1 letter in support of the defeated former Washington Senator. But its the one GOP member who didn't sign it, as well as his explanation for not doing so, which has many worried.

According to his spokesperson, Senator John McCain (R-Ariz) declined to sign the letter because he disagrees with Gorton on a number of issues affecting tribes. Representing a state which includes most of the Navajo Nation and a number other tribes, McCain has been considered a friend to Indian Country.

Gorton, on the other hand, has long been viewed as a foe. During his tenure in the Senate, Gorton introduced bills which would have abrogated tribal sovereign immunity, changed trust land acquisition processes in order to benefit non-Indians, and forced tribes to collect state tax from non-Indian customers of Indian businesses.

Now seemingly placed in the middle is Campbell. Up for re-election in 2003, the two-term Senator has a long record of lobbying on behalf of tribes in his state and elsewhere. And unlike Gorton, most of Campbell's bills are successfully enacted into law.

Gorton has slipped out of the spotlight since losing the race to freshman Senator Maria Cantwell (D-Wash) last November by only 2,229 votes. He was rumored to be in consideration for the Secretary of Interior position as well as a top spot in the Department of Justice but was passed over by the Bush administration.

Now, as Ron Allen, Chairman of the Jamestown S'Klallam Tribe of Washington puts it, he's looking for "a place to land." Allen was one of several tribal leaders who launched an unprecedented million-dollar media and public relations campaign against Gorton last fall.

"Slade Gorton is a politician first and foremost," said Allen. "There's no question his career is alive and well. He's not done."

Its where he ends up, though, which could be troubling to tribes. His fellow Republicans, itchy for a conservative to sit on the bench, are asking Bush to nominate him to the 9th Circuit Court of Appeals or the District of Columbia Court of Appeals.

With three vacancies, the 9th Circuit hears a number of cases involving tribes. Gorton isn't all that unfamiliar with the court either and as Washington's Attorney General in the 1970s, he fought tribes in his state all the way to the Supreme Court in an historic treaty rights case.

He ended up losing the case but might be able to have a say in it soon enough. Seeking to protect their treaty rights, Washington's tribes have filed suit against the state and although the case is only at the federal district court level, it could up before Gorton.

The District of Columbia Court of Appeals also has three vacancies and hears cases involving tribes. The court recently threw out an appeal challenging Sandia Pueblo's claim to the Sandia Mountains in New Mexico.

Bush spokesman Ari Fleischer declined to comment on a possible judgeship for Gorton.

Relevant Links:
Republican Policy Committee - www.senate.gov/~rpc
Sen. Ben Nighthorse Campbell - www.senate.gov/~campbell
Senator John McCain - www.senate.gov/~mccain
The Ninth Circuit Court of Appeals - www.ca9.uscourts.gov
District of Columbia Court of Appeals - www.cadc.uscourts.gov

Related Stories:
McCain opposes Gorton judgeship (Politics 2/15)
Bush lawyer gets top Justice job (Politics 2/15)
Campbell criticized for radio talk (Politics 2/8)
Survey: Norton bad for tribes (Politics 2/6)