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JOHN ASHCROFT'S POSITION ON CIVIL RIGHTS AND DISABILITY ISSUES

In response to President Elect-Bush's nomination of former Missouri senator John Ashcroft to the position of United States Attorney General, the American Association of People with Disabilities have been researching Ashcroft's disability rights record. To this end, we are including some of the highlights of what we have found below for the purposes of membership awareness and public education.

WHAT IS THE ROLE OF ATTORNEY GENERAL OF THE UNITED STATES?

The U.S. Attorney General is the top law enforcement official in the country, has the lead role in enforcement of federal civil rights laws, including the ADA, the Civil Rights of Institutionalized Persons Act, and parts of the Rehabilitation Act. The 1997 reauthorization of IDEA gave the Department of Justice increased authority to enforce the civil rights requirements in IDEA as well. The Attorney General also oversees the office of the Solicitor General, who represents the United States before the U.S. Supreme Court, and oversees the process of identifying candidates for federal judgeships to be nominated by the President.

WHAT IS ASHCROFT'S RECORD ON DISABILITY RIGHTS ISSUES?

In the last Congress, Senator Ashcroft introduced a bill (S. 2517) that would have empowered public schools to remove disruptive students with disabilities without having to comply with the due process protections in IDEA. This bill was opposed by the disability rights community and the National Education Association (a teacher's union) in part because it did not call for expelled students to be educated in an alternative public school program after the disciplinary action had taken place. In April of 1999, Ashcroft was quoted in the Jefferson City News Tribune regarding his concerns about the broad definition of "disability" used in IDEA. "The definition of ‘disabled' under the federal law extends well beyond physical and mental disability as generally understood," Ashcroft said. "In Missouri, fully one student in seven is classified as disabled' under the federal law."

In 2000, Senator Ashcroft voted twice against increased funding for IDEA.

In 2000, Senator Ashcroft was asked by AAPD and the Consortium for Citizens with Disabilities to sign the "Spirit of ADA Pledge" indicating his support for full implementation and enforcement of ADA and IDEA. Senator Ashcroft did not sign the pledge. His opponent, Governor Mel Carnahan, did sign the pledge.

In 2000, Senator Ashcroft voted against the Hate Crimes Prevention Act, which would have amended federal law to recognize hate crimes based on sexual orientation, gender and disability, as well as expanded federal jurisdiction over these and other hate crimes already covered under federal law.

WHAT IS ASHCROFT'S RECORD ON DISABILITY POLICY ISSUES?

In 1995, Senator Ashcroft introduced bills that would have extended welfare reform by including Medicaid, food stamps, and Supplemental Security Income (SSI) in block grants to States.

In 2000, Senator Ashcroft voted against creating a Medicare prescription drug benefit.

Ashcroft refused twice to co-sponsor legislation reauthorizing the Ryan White Care Act, a measure that provides care and treatment to men, women and children with HIV and AIDS.

WHAT IS ASHCROFT'S RECORD ON CIVIL RIGHTS ISSUES MORE BROADLY?

Ashcroft opposes any form of affirmative action.

In 1999, Ashcroft delivered the commencement address at and accepted an honorary degree from Bob Jones University, which is infamous for its racially discriminatory policies.

In 1998, Ashcroft praised the magazine Southern Partisan, which has been a major forum for neo-Confederate views. Ashcroft praised the magazine for "help[ing] to set the record straight" against what he called "attacks the revisionists have brought against our founders." The magazine has argued that slavery was beneficial to the slaves.

As Missouri Attorney General and Governor, Ashcroft opposed school desegregation ordered by the federal courts in St. Louis and Kansas City.

In 1996, Ashcroft voted against the Employment Nondiscrimination Act, which would have prohibited workplace discrimination based on sexual orientation.

WHO IS OPPOSING ASHCROFT'S NOMINATION TO U.S. ATTORNEY GENERAL?

The Disability Rights Education and Defense Fund are opposing the Ashcroft nomination. AAPD staff are not aware of other disability organizations that have taken a position on his nomination to date.