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.