In the spring of 1992 an especially contentious anti-abortion bill calling for prison terms for doctors was awaiting vote in White's committee. The chairman called for a meeting on March 2, but promised no votes would be taken. Halfway through though, a roll call was taken and with one anti-abortion representative not present the bill lost on a vote of 8-8, since a tie meant the legislation died in committee. Proponents of the bill, including Ashcroft, cried foul over White's tactics.

But to the dismay of anti-abortion activists in Missouri, Ashcroft, who recently supported a constitutional amendment that would outlaw abortions, including in instances of rape and incest, rarely uttered the word abortion during his public fight against White's nomination. Instead he emphasized the issues of crime and the death penalty.

Why? Politics, says Warren at St. Louis University. "It would have been unsellable to Republicans if Ashcroft opposed Ronnie White based on abortion rights," he says. "Republicans and Democrats have pledged an unsigned promise that when confirming nominees a litmus test cannot be if he or she is for or against abortion rights. Plus, Republicans are starting to become aware that taking adamant anti-feminist positions will kill you."

Still, there are lots of clues that abortion drove Ashcroft's opposition. What was the senator's first question to White in the May 14, 1998, hearing before the Senate Judiciary Committee? "Justice White, if the Supreme Court were to uphold a federal partial birth abortion ban as constitutional, would you have any difficulty in applying a decision of the Supreme Court which upheld such a law?" White said he would not.

At the time, White's view of the death penalty did not seem to be of paramount concern to Ashcroft. In fact, during White's May appearance before the Judiciary Committee Ashcroft never even questioned the nominee about the topic, nor about what Ashcroft later dubbed White's "pro-criminal" leanings.

That same year during a televised debate, Kit Bond's re-election opponent accused him of bottling up the White nomination. Bond denied the charge but conceded that concerns about White's abortion rights record were causing the delay.

When White's nomination finally passed out of Judiciary Committee on a 15-3 vote May 21, 1998, Ashcroft cast one of three dissenting votes. At the time he could have raised a formal objection that would have almost certainly doomed the nomination then, but he did not. Instead, like a doctor examining X-rays, Ashcroft announced he had detected "indications of potential activism" in the judge's record and was voting no. He made little mention of the death penalty.

So what happened to pique Ashcroft's interest in the death penalty between May of 1998 and October of 1999 when White was defeated? The Pope paid a visit to St. Louis.

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