Sen. Heidi Heitkamp, D-N.D., seems to be playing her cards wisely by voting for Supreme Court nominee Neil Gorsuch. By bucking her own party to support Gorsuch, a judge on the 10th U.S. Circuit Court of Appeals, she’s adding to the argument that she does what’s best for North Dakota.
It’s obvious that Heitkamp can’t be seen as an automatic Democratic vote in the Senate if she hopes to win a second term. She needs to demonstrate that she’s voting for the interests of the state. She supported most of President Donald Trump’s Cabinet choices.
Heitkamp has worked to develop bipartisan legislation in an effort to increase the chances of passage. She’s often aligned with Sen. Joe Manchin, D-W.Va., another moderate who has announced his support for Gorsuch. Manchin and Heitkamp work together on energy issues.
It’s interesting that North Dakota Republicans have been scolding Sen. John Hoeven, R-N.D., for his position on wind power. Instead of finding a beef with the senator from the other party, they are going after their own. Heitkamp is a longtime supporter of coal and oil, which puts her at odds with some members of her party.
By supporting Gorsuch she’s going against her party, which vows to block his nomination.
The Democrats have 41 votes, enough to prevent the 60 votes needed for confirmation. The Republicans, however, plan to enact a rules change to allow a simple majority to confirm Gorsuch. The Democrats are still sore over the Republicans refusal to hold a hearing for former President Barack Obama’s nominee, Merrick Garland.
Heitkamp is trying to use both Garland and Gorsuch to her benefit. She condemns the treatment of Garland, but says she won’t oppose Gorsuch to even the score. Two wrongs, she argues, don’t make a right. The Democrats have used the same tactic to get around a filibuster. They removed the 60-vote threshold for lower court nominees in 2013 when Republicans were blocking Obama picks to a critical federal court. Republicans promised then that Democrats would regret it later.
Heitkamp can’t appear too partisan if she hopes to win a second term. In some ways it’s not too hard to support Gorsuch. He’s received the highest marks from the U.S. Bar Association and has been endorsed by other Democrats.
Gorsuch has been criticized by Democrats for not outlining his position on certain issues. That’s a common approach by Supreme Court nominees. It’s an approach that can result in surprises for both parties when the court rules.
Whether Heitkamp’s endorsement of Gorsuch helps her if she decides to seek another term remains to be seen. The Tribune Editorial Board believes Gorsuch should be confirmed and that both our senators are doing what’s right for the state by supporting him.
