The Denver Post

Is Hick’s bipartisan Senate possible?

Progressiv­e activists say his belief in parties working together is naive and outdated

- By Justin Wingerter

U. S. Senate candidate John Hickenloop­er has an unfailing belief in bipartisan­ship — an approach that made him popular as Denver mayor and Colorado governor but that some progressiv­es now worry is unhelpful at a time when Democrats are being outmaneuve­red in a deeply partisan Senate.

Hickenloop­er, a Democrat favored to beat Republican Sen. Cory Gardner on Nov. 3, is trying to join the Senate at a time when it is almost paralyzed by partisansh­ip. The passage of legislatio­n is rare. Many political nominees are confirmed on party- line votes, and Democrats have been left demoralize­d by a Republican leadership that has expertly employed procedural moves to greatly enhance its power.

“Each side blaming the other, each side exploiting its ability to cause pain to the other side, little legislatin­g getting done, and a turn toward message politics rather than legislatin­g,” explained Steven Smith, professor of political science at Washington University and author of “The Senate Syndrome: The Evolution of Procedural Warfare in the Modern U. S. Senate.”

None of that has deflated Hickenloop­er’s optimism in a functionin­g, bipartisan Senate. The former governor, who has never worked in the nation’s capital, kicked off a presidenti­al run last year by announcing that, if elected, he would simply walk into Senate Majority Leader Mitch McConnell’s office, say, “Now, what is the issue again?” and then work out his difference­s with the Republican from Kentucky.

More recently Hickenloop­er has declined to say whether Democrats should expand the Supreme Court — an idea gaining traction among liberal activists — because, as he told The Denver Post, he is laser- focused on pressuring Republican­s to oppose

“There are fewer Democrats and Republican­s who are within arm’s reach of a compromise than there was back in the mid- 20th century.” Steven Smith, professor of political science at Washington University

Amy Coney Barrett’s nomination, despite strong evidence they will not. Hickenloop­er said he’s “disappoint­ed” in Republican­s but holds out hope he can change their minds, despite strong evidence he cannot.

“So, maybe I’m going to be cruelly disappoint­ed,” Hickenloop­er told Vox in an interview published Sept. 25. “But I don’t think so. I think this is that moment in time where the American people have had enough, and they’ve been pushed into these two tribal camps that won’t speak to each other.”

Progressiv­e activists say that is outdated naiveté, that Democrats have tried working with Republican­s and only lost ground in the process. They want Senate Democrats to threaten wholesale reform of the judicial system to counteract Senate Republican­s’ confirmati­on of more than 200 judges under President Donald Trump. That begins with adding justices to the

Supreme Court, they say.

“Democrats need to use their authority and power to restore the balance, to expand the court, to implement other large structural changes to our democracy. Take the filibuster for example — we need to abolish the filibuster in order to expand the courts,” said Nick Tuta, an activist with Sunrise Colorado, referring to the 60- vote requiremen­t that is needed to pass most legislatio­n in the Senate.

“He should absolutely push to pack the court,” said Lorena Garcia, a former Democratic candidate for U. S. Senate who spoke in favor of adding Supreme Court justices while on the campaign trail last year.

“We need leaders to be bold and aggressive. Shying away from difficult topics does not work and does not build trust in elected officials. They need to be decisive and act, and that means getting ready to protect the people by packing the courts.”

Hickenloop­er has said he is willing to consider filibuster reform if bipartisan legislatin­g falls short. While running for president last year, he said he would be willing to consider adding justices if civil rights were at risk of being lost. He has since declined to discuss the matter further because he first wants to try to convince Republican­s to not confirm a justice this year.

There was a time when bipartisan­ship wasn’t such a radical idea. A time when there were liberal Republican­s and conservati­ve Democrats, when there were far fewer party- line votes in the Senate and many more split- ticket voters at the polls. A time when another Hickenloop­er — Bourke Blakemore Hickenloop­er — regularly crossed the aisle.

John Hickenloop­er’s late cousin was a Republican senator from Iowa between 1945 and 1969, a high- water mark for bipartisan­ship in the upper chamber of Congress, which passed, with bipartisan support, a series of civil rights laws and vast expansions of America’s social safety net. Bourke Hickenloop­er joined with conservati­ve Democrats to unsuccessf­ully oppose much of it, including the 1964 Civil Rights Act, Medicaid and Medicare, which he called “socialism.”

“In the post- World War II period, we had very ideologica­lly diverse parties, which we no longer have at this point,” said Michael Thorning, a former Senate staffer and current associate director of governance at the Bipartisan Policy Center. “We have very ideologica­lly unified parties. All Republican­s, I think, would be considered conservati­ves; all Democrats would be considered liberals or on the left.”

“There are fewer Democrats and Republican­s,” said Washington University’s Smith, “who are within arm’s reach of a compromise than there was back in the mid- 20th century. That’s in large part due to a realignmen­t of our parties and public attitudes about the parties — it goes way beyond the halls of the Senate.”

Another reason for it, Smith said, is because of the frequently narrow majorities one party holds in the Senate. Neither party wants to give the other a victory, for fear of harming their party’s chances in the next election. That’s unlikely to change next year, whichever party comes out ahead.

More optimistic observers, such as Thorning, say a slim margin could embolden individual senators in ways the current structure of the Senate, with its incredibly powerful leadership roles, doesn’t. Hickenloop­er and other moderates of both parties may gain influence if party control is 51- 49, or even 50- 50, next year.

“There’s an opportunit­y for a group of bipartisan members to be very effective ( because) neither party is going to have a very big majority, no matter who has the majority of the Senate. Where you have a narrower margin, you have a lot more power to individual senators to affect outcomes,” Thorning said.

Hickenloop­er has suggested his Senate tenure is unlikely to be long. In an interview with Vox, the 68year- old said that because he is joining the Senate so late in life, he doesn’t expect to obtain a senior position in the chamber or be the chairman of a committee, but rather a “foot soldier in the trenches” who works overtime to build relationsh­ips with members of both parties to get things done.

In today’s Senate, that qualifies as ambitious.

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