Calif. AG Wins Senate Confirmation To Lead HHS

By Jeff Overley
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Law360 (March 18, 2021, 12:44 PM EDT) -- U.S. senators on Thursday approved California Attorney General Xavier Becerra as health secretary on a razor-thin vote that broke almost entirely along party lines and followed searing debate over the lawyer's qualifications and support for abortion rights.

California Attorney General Xavier Becerra, shown here on Feb. 24, was confirmed to lead the U.S. Department of Health and Human Services on Thursday. (Greg Nash/The Hill/Bloomberg via Getty Images)

Becerra's confirmation to lead the U.S. Department of Health and Human Services fills one of the most powerful positions on President Joe Biden's health care team as the White House scrambles to tame the coronavirus pandemic and develop ambitious legislation to bring down prices for health insurance and prescription drugs.

Thursday's 50-49 squeaker was among the closest and most partisan votes in recent years for an HHS secretary. It came on the heels of Republican opposition focused largely on abortion, religious freedom and doubts about the attorney general's health care chops. Sen. Susan Collins, R-Maine, was the only Republican to vote in favor of confirmation.

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Sen. Steve Daines, R-Mont., on Wednesday accused Becerra of propagating "far-left ideology" and embracing a "pro-abortion agenda," echoing the disparaging remarks of many other GOP senators during debate in the run-up to Thursday's vote.

Democrats countered by depicting Becerra as a champion of women's rights and highlighting his leading role in fighting a GOP-led lawsuit — now pending at the U.S. Supreme Court — aimed at invalidating the entire Affordable Care Act.

Sen. Ed Markey, D-Mass., on Wednesday denounced the attacks on Becerra, accusing Republicans of catering to "fringe interest groups that want to turn back the clocks on health care and women's rights."

Becerra in 2017 became the Golden State's first Latino attorney general and he's now the first Latino secretary of HHS. A joint statement on Thursday from several Latino civil rights groups — including UnidosUS and the Mexican American Legal Defense and Educational Fund — hailed the confirmation as a "historic moment" for Biden's cabinet.

The milestone was preceded by insinuations on Wednesday from Sen. Alex Padilla, D-Calif., that Republican criticisms were not merely being fueled by Becerra's political views and professional resume, which also includes 12 terms in Congress.

"As some of the first Latinos in our respective positions, both Xavier Becerra and I are not unfamiliar with being held to a different standard," Padilla said.

Any doubts that Becerra would win confirmation evaporated last week when Collins and Sen. Joe Manchin, D-W.Va., both relatively moderate lawmakers, announced their support. Collins and Manchin both cited assurances from Becerra — who represented urban areas while in Congress — that HHS would prioritize rural health care challenges.

Every senator voted on Thursday except Sen. Mazie K. Hirono, D-Hawaii, who was away for a family emergency.

--Editing by Marygrace Murphy.

Update: This story has been updated with additional information.

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