National Review Online
Wednesday, December 09, 2020
‘Now that the campaign is over, what is the people’s
will? What is our mandate?” Joe Biden asked in his November 7 victory speech.
“Americans have called on us to marshal the forces of decency and the forces of
fairness. To marshal the forces of science and the forces of hope in the great
battles of our time.”
One month later, Biden disregarded this self-described
modest mandate with his selection of California attorney general Xavier Becerra
to lead the Department of Health and Human Services. In the midst of a
once-in-a-century pandemic, Biden has selected as his administration’s top
health official a man who has no experience marshalling the forces of science.
What California’s top lawyer does have is plenty of experience marshalling the
forces of the state to crush religious dissenters, pro-life pregnancy
counselors, and independent journalists.
Becerra has waged a legal crusade against each of these
groups as attorney general. In 2017, Becerra filed felony charges against the
pro-life activists and citizen journalists who had gone undercover to expose
Planned Parenthood’s gruesome practice of selling the body parts of aborted
babies to biotech companies. California is a “two-party consent” state for
audio recordings, but the progressive L.A. Times editorial board called
Becerra’s decision to file criminal charges a “disturbing overreach.” The law
had not been similarly enforced against animal-rights activists who recorded
undercover videos. One writer at Mother Jones called the Planned
Parenthood videos “a legitimate investigation, and no level of government
should be in the business of chilling it.”
Becerra has also zealously defended a California law
requiring abortion coverage in insurance plans offered by churches — yes,
churches. In January, the Office of Civil Rights at the Department of Health
and Human Services ruled
that California’s abortion mandate violated a federal law known as the Weldon
amendment, which prohibits federal funding of states and localities that force
health providers and insurers to participate in or cover abortion. Becerra
announced California would not comply.
There are more examples of Becerra’s bizarre and
misplaced extremism. In 2019, he aggressively opposed
the merger of two religiously affiliated hospital chains in California because
the resulting consolidated chain could reduce access to both abortion and
gender-reassignment surgeries. In 2018, Becerra and the State of California
have also been smacked down by the U.S. Supreme Court over a state law forcing
pro-life pregnancy centers to advertise abortion. In NIFLA v. Becerra,
the Court ruled the law was a grotesque violation of the First Amendment. It’s
not always easy to disentangle Becerra’s own zealotry from the radicalism of
California’s legislature, but Becerra’s selection is a clear sign the Biden
administration is tempted to use the power of the executive branch to wage a
culture war that will push and exceed the limits of its constitutional
authority.
A president needs a cabinet, but the Senate also has a
duty to provide advice and consent. In normal times, it would be entirely
reasonable for the Senate to reject the nomination of a left-wing culture
warrior such as Becerra. We are, of course, not living in normal times. The
Biden administration will need to seamlessly pick up the Trump administration’s
efforts to distribute the coronavirus vaccines and persuade enough members of
the public to take the vaccines. Becerra has no medical background and no
experience running a large, complex organization. Becerra’s notoriety as a
left-wing culture warrior will make it impossible for him to establish
credibility with a significant and skeptical swath of the country.
Maine Republican senator Susan Collins, who is no
conservative on social issues, has already expressed surprise that Biden
nominated a health secretary who doesn’t have relevant experience. In the
interest of national unity and bringing the pandemic to a swift end, Collins
and other moderate senators in both parties would be wise to inform Biden they
intend to oppose Becerra’s nomination. Control of the Senate won’t be known
until the January 5 runoff elections in Georgia, but Biden should withdraw
Becerra’s nomination and select a more reasonable and more qualified nominee
certain to hit the ground running on January 20.
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