If John Ashcroft
were held to the same kind of political
standard he
applied in evaluating Presidential nominations as a
Senator from
Missouri, his bid to become the next Attorney
General would
be defeated easily. His conservative defenders now
tell us without
blushing that ideology isn’t a valid reason to oppose him.
Perhaps they’ve
forgotten how eagerly Mr. Ashcroft and others in
their camp obstructed
President Clinton’s nominees on
narrowly ideological
grounds. More likely they are pretending
to forget, as
they pursue their objective of the moment.
Mr. Ashcroft
was, in fact, one of the most resolutely
ideological
members of the Senate Judiciary Committee, and of
the Senate as
a whole, when it was his responsibility to give
advice and consent
on Presidential nominations.
When Bill Lann
Lee was nominated to head the Justice Department’s civil rights
division a few
years ago, the Missouri Republican led the opposition that prevented
his confirmation.
Mr. Ashcroft’s objections to that nomination had nothing to do
with Mr. Lee’s
credentials or character, which were outstanding. Instead, he held up
the Lee nomination
only because he disagreed with Mr. Lee about affirmative
action. That
was enough for the Missouri Senator to scuttle him without the slightest
respect for
Presidential prerogatives.
Mr. Ashcroft’s
conduct was equally unprincipled in fighting the appointments of
David Satcher
and Henry Foster, both distinguished physicians, to the post of
Surgeon General.
In both instances, Mr. Ashcroft joined an obdurate minority
whose opposition
was based solely on the nominees’ position on reproductive rights.
While most Republicans
accepted Dr. Satcher’s promise that he would not use the
office of Surgeon
General to promote abortion rights—a pledge not unlike that made
by supporters
of Mr. Ashcroft today—that wasn’t good enough for Mr. Ashcroft.
He tried and
failed to instigate a filibuster against Dr. Satcher. (For good measure,
he also slandered
Dr. Satcher on the Senate floor as “someone indifferent to infanticide.”)
That was the
same strategy he had used a few years earlier, and with more success,
against Dr.
Foster, when Mr. Ashcroft and 42 other Senators won a vote to prevent
cloture on the
doctor’s nomination. And of course, he joined with Senator Jesse
Helms when they
employed a similar tactic to block a vote on the ambassadorial
nomination of
James Hormel, simply because Mr. Hormel is openly gay.
Back then, we
heard no high-minded rhetoric about Presidential prerogative and
ideological
neutrality from those who now support Mr. Ashcroft. Such
considerations
are invoked only when politically convenient and may otherwise be
discarded without
a second thought.
Mr. Ashcroft
is fortunate that his former colleagues aren’t approaching his
nomination with
the ugly opportunism that marred his own Senate career.
Nevertheless,
they shouldn’t hesitate to ask him difficult questions that reflect on
his
fitness to serve
as the nation’s highest law enforcement officer:
“Why should anyone
believe that you will protect women’s right to choose abortion,
when you have
denounced the Supreme Court decision upholding that right as ‘illegitimate’?”
“Why should anyone
trust you to enforce federal gun-control laws when you have
so assiduously
courted the support not only of the National Rifle Association but of
the even more
extreme Gun Owners of America? Why did you urge Missouri voters
to approve a
law permitting almost anyone to carry a concealed weapon in 1999?”
“What inspired
you to tell the editors of Southern Partisan magazine—a periodical
which has repeatedly
praised the assassination of Abraham Lincoln—that you
admire their
‘traditionalist’ defense of ‘Southern patriots’ like Jefferson Davis? If
waging war to
extend slavery wasn’t a ‘perverted agenda,’ then what is? And what
possessed you,
during that same interview, to endorse the legitimacy of the
secessionist
Missouri government, which fled to Texas during the Civil War? How
do you square
those views with your oath to uphold the Constitution?”
“For what reasons
did you so consistently oppose every effort to integrate the public
schools of St.
Louis and Kansas City without ever proposing a constructive alternative?”
“Why, since you
are so resolutely tough on crime, did you meet with the president
of the St. Louis
Council of Conservative Citizens last fall to discuss the case of Dr.
Charles T. Sell,
a C.C.C. member indicted for plotting to murder an F.B.I. agent?
Why did your
office write letters to federal authorities about Dr. Sell’s case at the
behest of the
C.C.C.? On what other occasions, if any, have you interceded with
the Justice
Department on behalf of a criminal defendant?”
The current hearings
should serve to illustrate why so many Americans believe Mr.
Ashcroft ought
not to be entrusted to protect their rights under the law. If Senate
Democrats and
moderate Republicans cannot muster the courage to reject this
nominee, they
must at least demand that he repudiate the most offensive and
extreme aspects
of his own sorry record.