Nomination of Xavier Becerra (Cong. Rec., March 18, 2021)
Cited in: Xavier Becerra
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March 18, 2021 CONGRESSIONAL RECORD — SENATE S1627
to combine majority rule with rep- The PRESIDING OFFICER (Mr. ery legislation that he will be able to
resentation and protection for the mi- BOOKER). The clerk will call the roll. focus on. I am sure my colleague from
nority. Why? Because the Founders The senior assistant legislative clerk Michigan is going to be talking about
knew very well that it wasn’t just proceeded to call the roll. these issues, as well, in the days ahead.
Kings who could be tyrants. They knew Mr. WYDEN. Mr. President, I ask But what is going to be done in terms
that majorities could be tyrants, too, unanimous consent that the order for of delivering postpartum care, an area
and that a majority of citizens could the quorum call be rescinded. where there has been enormous racial
easily trample the rights of the minor- The PRESIDING OFFICER. Without injustice, is going to make a huge dif-
ity. So they put safeguards in place objection, it is so ordered. ference—a major part of the recovery
throughout our government, checks NOMINATION OF XAVIER BECERRA plan—the home and community-based
and balances to keep the government Mr. WYDEN. Mr. President and col- services, which build on some of the
in check and ensure that minority as leagues, very shortly, the Senate will work being done in the community. I
well as majority rights were protected. have the opportunity to confirm Attor- remember from my days when I was di-
One of those safeguards was the U.S. ney General Becerra to be the next rector of the Gray Panthers, helping
Senate. Wary of, to quote Federalist 62, Health and Human Services Secretary, seniors and the disabled. And we are so
‘‘the propensity of all single and nu- and what this means is, after 4 years of excited about mental health officials
merous assemblies to yield to the im- going in reverse on health policy, it and law enforcement officials coming
pulse of sudden and violent passions,’’ will be possible to drive and actually together for what is known as the CA-
the Founders created the Senate as a make progress for the American people HOOTS Program from my home State,
check on the House of Representatives. in addressing their healthcare needs— dealing with the racial tensions on the
They made the Senate smaller and progress in terms of lowering the cost streets.
Senators’ terms of office longer, with of healthcare. We spent $3.8 trillion So Xavier Becerra has been running
the intention of creating a more stable, last year. So we have to lower costs, this mammoth agency in his State.
more thoughtful, and more deliberative and we have to do it in a way that en- You know, people say: What is his ex-
legislative body to check ill-considered hances quality, and Attorney General perience? He was on the Ways and
or intemperate legislation and at- Becerra is going to be laser-focused on Means Committee for years and years,
tempts to curtail minority rights. the key priorities for the days ahead. the committee of jurisdiction as it re-
As time has gone on, the legislative We all know that at the heart of that lates to these issues, and then has been
filibuster has become a key tool in pre- agenda is making it possible to end in California taking on monopolies,
serving the Founders’ vision of the this pandemic. fighting those who would rip off the
Senate. The filibuster does indeed Now, central to his agenda is going healthcare system, sticking up for the
make it harder to get legislation to be the distribution of vaccines be- Affordable Care Act. So he has had
through the Senate, and that is a good cause there are a lot of pieces to the frontline experience on these issues.
thing. That is what the Founders in- challenge of beating the pandemic, but He should have been confirmed a long
tended. The Senate was not designed to right at the heart of it is distribution time ago, but now we are on the preci-
be a rubberstamp for a partisan agen- of those vaccines and PPE and bringing pice of finally getting somebody who is
da; it was intended to check partisan- together all the people at Health and going to take us forward in that key
ship or, as the Founders might put it, Human Services and in our country to Agency in terms of meeting the
faction. have a coordinated strategy for dealing healthcare needs for our colleagues.
Now, does the filibuster sometimes with the pandemic. When we have this vote shortly, I
stop good legislation from getting We didn’t have that in the past. I re- urge in the strongest possible way for
passed? Of course it does. Last Con- member—and I am sure the Presiding the Senate to vote to confirm Attorney
gress, it stopped us from passing legis- Officer remembers—at one point, we General Xavier Becerra for this crucial
lation to protect unborn babies who didn’t have any idea who was in position.
can feel pain from being killed by abor- charge. One day it was going to be the I yield the floor to my colleague.
tion. The failure of the Senate to pass States. The next day it was going to be The PRESIDING OFFICER. The Sen-
that bill, I think, is a tragedy, but just Jared Kushner. There was just bedlam ator from Michigan.
as you don’t abolish the burden of for weeks and weeks with respect to Ms. STABENOW. Mr. President, first,
proof in criminal cases just because who would even coordinate this coun- I have to say to my friend and our lead
some criminal sometimes escapes jus- try’s strategy against the pandemic. on the Finance Committee how grate-
tice for lack of evidence, you don’t per- With Xavier Becerra there, that will ful I am for his leadership. We have
manently remove protections for mi- not be the case. started out very strongly on the Fi-
nority rights because you might be I just want—because I see colleagues nance Committee with really impor-
able to force through a good piece of also wanting to speak—to talk about tant topics. I so appreciated yesterday
legislation. another crucial aspect about having focusing on nursing homes and what
In 2005, when some Republicans were Xavier Becerra at the Department of has happened the day before, focusing
suggesting eliminating the filibuster Health and Human Services. What he is on advanced manufacturing and jobs,
for judicial nominees, then-Senator going to have to do is move quickly to and your efforts today. It is just issue
Joe Biden said: reverse some of those flawed policies of after issue. It is wonderful to have you
I say to my friends on the Republican side: the Trump administration, like junk in this position.
You may own the field right now, but you insurance, barely worth the paper it Mr. WYDEN. I thank my colleague.
won’t own it forever. I pray God when the was written on, the mindless restric- Ms. STABENOW. And to be your
Democrats take back control, we don’t make tions that were placed on coverage. For partner in this.
the kind of naked power grab you are doing. example, that made it harder for peo- And I so appreciate the leadership of
Fortunately, in 2005, Republicans ple to get access to Medicaid. And some the Senator who is currently in the
didn’t take that step. And in 2017 and of what they did just defied common Chair, from New Jersey, as well.
2018, when President Trump was push- sense, making it tougher for people to I rise today, as well, to speak on be-
ing for Republicans, who were in the enroll in the Affordable Care Act, and half of an outstanding nominee to lead
majority at the time, to abolish the having modest efforts in New Jersey the U.S. Department of Health and
legislative filibuster so he could push and Michigan and elsewhere to do out- Human Services. If there ever was a
through our agenda and we could push reach and to tell people about the time we needed an outstanding leader,
through our agenda, we said no. availability of coverage. it is right now.
ctelli on DSK11ZRN23PROD with SENATE
For the future of the Senate and our What in the world is healthcare One of the things I find so interesting
system of government, I pray that about? It is about getting coverage out is that colleagues on the other side of
Democrats will make the same deci- to people, not inventing barriers to the aisle say they wish he was a doctor.
sion. their getting care. Well, the previous Health and Human
I yield the floor. Finally, I just want to mention some Services Secretary was the former CEO
I suggest the absence of a quorum. of the exciting things from the recov- of a drug company. And so, from my
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S1628 CONGRESSIONAL RECORD — SENATE March 18, 2021
perspective, I am much more com- things have gotten worse—the pressure unqualified and unfit for this specific
fortable having somebody who fought on people as a result of what everybody job.
drug companies to lower prescription has gone through in the last year. That First, Attorney General Becerra is
drug prices than to have had the person is up from 11 percent before the pan- unqualified. Let me talk about that. As
in that job before be the person who ac- demic, and more than one in four a doctor, I am deeply concerned that
tually raised prices on people in his young people have reported having sui- President Biden has nominated some-
former position and tried to block com- cidal thoughts. Meanwhile, commu- one with no medical or public health
petition. So he is the right person. Xa- nities are seeing more people overdose. experience. He is not a doctor, not a
vier Becerra is the right person for this Long after the pandemic ends, these scientist, not a public health official.
moment, I believe. behavioral health issues will linger. He is a trial lawyer and a career politi-
Our Nation is still fighting to emerge Attorney General Becerra began his cian. A global pandemic is no time for
from the worst pandemic in our life- career as a legal aid attorney sup- on-the-job healthcare training. The
time. It is hard to believe now that it porting clients with mental health Secretary must be ready on day one.
has been over a year that we have been issues and substance abuse issues. He Attorney General Becerra is not only
struggling and families have been knows in his heart and soul how impor- unqualified, I say he is radically liberal
struggling with this pandemic. Nearly tant this is. He will bring that same in his positions. Attorney General
540,000 American lives are lost. It is compassion and dedication to HHS as Becerra is the most leftwing nominee
hard for me to even say it and have a we work to expand access to care, in- for this job, in my opinion, in history.
concept of what that is right now, the cluding through certified community He is an aggressive culture warrior
number of people who have lost loved behavioral health clinics, on which I from the radical left. He supports
ones and friends and neighbors. Count- am so proud to have partnered with Medicare for All, which would ban pri-
less more have gotten sick. Many more Senator ROY BLUNT and so many of our vate health insurance, and 180 million
remain sick months later. colleagues across the aisle to move for- people who get their health insurance
The cost to our economy and way of ward as the new structure for com- through their jobs would lose it. If his
life has been massive. Millions of work- prehensive, coordinated care in the positions go forward and he has his
ers have lost their jobs. Thousands of community. And it is beginning to way, American workers would lose that
businesses have closed, too many of make a difference, but we have a lot opportunity and that benefit of their
them, permanently. more to do, and we need somebody at jobs.
Families are struggling to pay their the head of HHS who gets it. That is He has made a name for himself in
rent or mortgage, keep the heat on— why I so strongly support Xavier the Democratic Party for his extreme
which is really important in a place Becerra, among so many other reasons. positions on abortion. During his 24
like Michigan in the winter—keep the American families deserve to know years in Congress, Attorney General
lights on, put food on the table. that they have someone at the Depart- Becerra voted against every restriction
Schools are working hard to reopen ment of Health and Human Services on abortion. During his confirmation
safely. And, in the meantime, families who has their backs. With Attorney hearing, Senator DAINES even asked
are doing the best they can to make General Becerra, they will know they him to name a single restriction he
sure their children can keep up. have someone who has their back. would support. He couldn’t name a sin-
It is true that we are making He is the leader we need to help us gle one. This record has earned him a
progress. We are making progress. end this pandemic, to get people the ‘‘100 percent’’ rating from Planned Par-
Things are getting better step by step care they need, to strengthen our enthood.
by step. healthcare system, and to get our As a Congressman, Mr. Becerra even
Thanks to science, we have three country back on track. voted against the ban on partial-birth
very effective vaccines going into the So I look forward to voting for this abortion. The Supreme Court, rightly,
arms of people across our country, and excellent nominee and putting him to upheld banning partial-birth abortions
with the American Rescue Plan being work on behalf of the American people. in the United States.
signed into law, in fact, help is here. It I urge my colleagues to join us in sup- This wasn’t the only time the attor-
is here. porting this excellent nominee. ney general’s positions were at odds
So now is the time that, as we focus I yield the floor. with that of the current Supreme
on getting help to where it is needed, The PRESIDING OFFICER. The Sen- Court as he was attorney general in
Attorney General Becerra is just the ator from Wyoming. California.
leader to do this as the head of Health Mr. BARRASSO. Mr. President, I During his confirmation hearing, Mr.
and Human Services. come to the floor today to oppose the Becerra claimed he never sued any
His experience will be a tremendous nomination for Secretary of Health and nuns. That is his quote: ‘‘never sued
asset as he works to address the pan- Human Services of Xavier Becerra. any nuns.’’ He also said he only sued
demic and make healthcare more af- As I stand here today, America is because of California law. Well, both of
fordable. He led the defense in court of still fighting the worst pandemic in a these statements stretch the truth, to
the Affordable Care Act, which he century. More than half a million put it mildly.
helped to write. It was my pleasure to Americans, as we have just heard, have In 2017, the Trump administration
work with him during that process, to died of this coronavirus. Life expect- gave a group of nuns an exception from
work with him as House Members and ancy in our country has actually being required to pay for birth control.
then to work with him when we were dropped by a full year. Now, as a doc- The nuns say that violates their reli-
writing the ACA, both in the Ways and tor, I will tell you that is a significant gious beliefs, having to pay for birth
Means Committee, in which he sat in drop of life expectancy. control. Attorney General Becerra then
the House, and my sitting on the Fi- In this time of crisis, our Secretary sued the Trump administration to stop
nance Committee. He protected the of Health and Human Services may be them from giving this exemption. At-
healthcare of millions in his position the single most important member in torney General of California Becerra,
as attorney general. He has taken on the President’s Cabinet. There are the nominee to be Secretary of Health
drug companies, as I said before, for many well-qualified Democrats, in my and Human Services, lost at the Su-
their high prices and their role in the opinion, who could serve in this posi- preme Court by a vote of 7 to 2.
opioid epidemic. And he has worked to tion. For example, I voted to confirm One of the jobs of the Secretary of
enforce mental health parity in Cali- President Obama’s last Secretary of Health and Human Services is to pro-
fornia, which I think is so, so, so im- Health and Human Services, Sylvia tect the conscience rights of doctors
ctelli on DSK11ZRN23PROD with SENATE
portant. Burwell. She was confirmed by a large and nurses. Mr. Becerra’s record shows
So many people are living with men- bipartisan majority. he can’t be trusted to do that.
tal illness and addiction right now and That is not the kind of nominee that There is a well-known case involving
have been. In January, 41 percent of we have this time. In the middle of a Crisis Pregnancy Centers. Now, these
American adults said they were strug- crisis, President Biden has chosen are groups that help women facing an
gling with anxiety or depression. So someone who is, in my opinion, both unplanned pregnancy. California said
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March 18, 2021 CONGRESSIONAL RECORD — SENATE S1629
they had to advertise where these Human Services, and I say this because Becerra also targeted the California
women could go to get abortions. At- of his appalling track record dis- pro-life pregnancy centers by forcing
torney General Becerra brought the respecting the sanctity of life, bla- them to advertise abortions, in viola-
full power of the State of California tantly attacking First Amendment tion of their First Amendment rights.
against the pro-life groups. Once again, rights, and his extreme policy views. Now, he fought them all the way to the
the Supreme Court of the United Now, throughout his career, Mr. U.S. Supreme Court, and he lost.
States stepped in to stop him. Becerra has proven he has no shame But he didn’t give up. Last fall, he
Mr. Becerra also used the power of when it comes to his pro-abortion be- supported California’s ban on indoor
his office to criminally prosecute pro- liefs. As attorney general of California, worship services, also in violation of
life journalists. A pro-life activist went Becerra led a yearslong lawsuit tar- the First Amendment, and he lost
undercover to investigate Planned Par- geting the Little Sisters of the Poor. again in the Supreme Court. He doesn’t
enthood for trafficking in aborted body This order of Catholic nuns is devoted give up. Justice Gorsuch said—and this
parts. His revelations caused outrage to caring for the elderly poor. All they is a quote from Justice Gorsuch. He
across the country. Attorney General want is to be free to operate in accord- said:
Becerra charged him, the undercover ance with their religious beliefs, and I If Hollywood may host a studio audience or
reporter, with 15 felony counts. think we can all understand that. But film a singing competition while not a single
This was too much even for Attorney Becerra sued the Federal Government soul may enter California’s churches, syna-
General Becerra’s liberal hometown to force the nuns—and we are talking gogues, and mosques, something has gone se-
newspaper. The Los Angeles Times about the Little Sisters of the Poor—to riously awry.
said: provide access to birth control and I agree with Justice Gorsuch in that
It’s disturbingly aggressive for Becerra to abortion-inducing drugs, completely observation.
apply this criminal statute to people who disrespecting their religious beliefs. Becerra also wants to decriminalize
were trying to influence a contested issue of During his confirmation hearings, illegal immigration, saying:
public policy, regardless of how sound or multiple Senators asked Mr. Becerra They are not criminals. They haven’t com-
popular that policy may be. about his lawsuit, and he said: mitted a crime against someone.
So Attorney General Becerra is a I’ve never sued any affiliation of nuns. Should he be confirmed to be the
radical liberal on a whole host of [M]y actions have always been directed at HHS Secretary, he would be positioned
issues. As attorney general of Cali- the Federal agencies.
to give illegal immigrants access to his
fornia, he sued the Trump administra- But I think it is pretty misleading programs.
tion over 120 different times. That is because he may have sued the Federal So, lastly, I just want to send a mes-
quite a few. This includes filing nine Government, but his actions certainly sage to the pro-life movement, to peo-
lawsuits on the very last day of Presi- were directed at the nuns. ple in Oklahoma and Americans all
dent Trump’s administration—the very And that is not his only assault on around the country who really believe
last day, nine more lawsuits added to life. Mr. Becerra also fought against
in the sanctity of life. We are not going
the pile. the Trump administration’s title X
to give up in trying to block this nomi-
He sued to try to stop President rule in court. We all remember this.
nation, and we will do everything we
Trump from building the wall on the This is where he ensured that Federal
can to stop the confirmation of Xavier
southern border. He sued the Trump tax dollars would only go toward fam-
Becerra.
administration to try to stop fracking ily planning clinics that don’t offer
I yield the floor.
on Federal lands in California. This is abortions. I suggest the absence of a quorum.
just the tip of the iceberg. The list goes And, during the pandemic, Becerra
The PRESIDING OFFICER. The
on and on. When you look at the has been an aggressive advocate of ex-
clerk will call the roll.
record, it is clear: Xavier Becerra is panding access to chemical abortions,
The legislative clerk proceeded to
out of touch with the views of the thereby providing abortions by mail
call the roll.
American people. that are done at home and without the Mr. DURBIN. Mr. President, I ask
President Biden has chosen an ex- supervision of a medical provider. And unanimous consent that the order for
tremely liberal Cabinet. He was forced all abortions, in my view—and I know
the quorum call be rescinded.
to withdraw his nominee for Budget Di- a lot of people don’t agree with this, The PRESIDING OFFICER. Without
rector. His Vice President has been the but I think all abortions are bad. But objection, it is so ordered.
least bipartisan, in terms of a Senator increasing unsupervised access to
FILIBUSTER
of record, of any Senator in 2019. And chemical abortions, which are four
times more likely to cause problems Mr. DURBIN. Mr. President, earlier
now Attorney General Becerra seems
and complications for the mother than today, my friend from South Dakota,
to be the most liberal of them all.
Frankly, his selection, I think, surgical abortions, shows that Mr. the Republican Senator JOHN THUNE,
shocked a lot of people across the coun- Becerra’s concern isn’t about health; it came to the floor and discussed the fili-
try. During this pandemic, we need a is about his pro-abortion agenda. buster. It has been a topic of discussion
leader for the Department of Health We shouldn’t be surprised. During his not only this week but even before. I
and Human Services who brings us to- time in Congress, Mr. Becerra voted hope that Senator THUNE will concede
gether as a nation. Instead, the Presi- against multiple pro-life bills, includ- that whether you are for the filibuster
dent has chosen a nominee with no ing the partial-birth abortion ban, and or against the filibuster, we should cer-
public health experience and an ex- that was one that was sponsored on tainly be dedicated to the proposition
tremely partisan record, so I urge my both sides. It was a bipartisan bill. It that the U.S. Senate should be a delib-
colleagues to reject this unqualified, banned the horrific procedure in which erative body that actually considers
incredibly liberal nominee. a baby is partially delivered and then amendments and legislation on the
Thank you. painfully destroyed. floor.
I yield the floor. But Becerra isn’t just radical in his Now, what I just said sounds very
The PRESIDING OFFICER. The Sen- support for abortion. He also goes after routine and normal. It is radical when
ator from Oklahoma. the First Amendment rights of individ- you look at the record of the U.S. Sen-
Mr. INHOFE. Mr. President, Presi- uals who disagree with him. I am sure ate. Last year, under the Republican
dent Biden has a lot of duties and obli- everyone here remembers the shock- leadership of Senator MCCONNELL, we
gations and a lot on his plate right ing, heart-wrenching evidence col- had 29 amendments on the floor the en-
now. The important thing that we are lected by two undercover journalists in tire year—29. That was really an im-
involved in, that we are all concerned 2015 that showed Planned Parenthood’s provement over the previous year, 30
ctelli on DSK11ZRN23PROD with SENATE
about, are the nominees, who they are, involvement in selling the body parts percent better than the previous year—
what the process is, and what leverage of aborted babies. Becerra has chosen 22 amendments. What that says to
do we in the minority have to impact to prosecute the journalists rather those who may not be familiar with
that. than take the action to protect babies Senate procedure is that the floor is
I think that Xavier Becerra is not fit and investigate the evidence of this be- empty and no one is here because we
to be our Secretary of Health and havior. aren’t taking up legislation. Why?
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