Capitol Alert

Xavier Becerra’s cabinet nomination clears first hurdle in a tied vote. What happens next?

California Attorney General Xavier Becerra barely cleared his first major hurdle to becoming the Health and Human Services Secretary on Wednesday, but not without a hitch.

The Senate Finance Committee voted 14-14 along party lines to advance Becerra’s nomination in a hearing on Wednesday.

The tie means Becerra’s nomination can still go forward, but it will require the added step of Senate Majority Leader Chuck Schumer, D-New York, calling for a vote in the full Senate to discharge the nomination from committee.

That vote will be in addition to the full Senate vote on whether or not to confirm him.

President Joe Biden in December nominated Becerra, currently California’s attorney general, and he quickly became the subject of Senate Republican opposition.

Becerra has to clear one other committee before the full Senate can consider his nomination and he can be officially confirmed to the post. The Health and Human Services Department has jurisdiction over the Centers for Disease Control and Prevention and other agencies with significant sway over how the Biden administration handles the coronavirus pandemic.

Some moderate Republicans have not come out against Becerra’s nomination and could still vote for him. But the partisan committee vote means the majority of Senate Republicans are likely to vote against him.

Sen. Richard Burr, R-North Carolina, for example, had told Becerra during a confirmation hearing that Burr was approaching Becerra’s nomination with an “open mind” and called on Becerra to convince him he was qualified for the post. He voted no in the Finance Committee Wednesday.

Becerra can still be confirmed by the Senate without any Republican support, but it would mean every single Senate Democrat has to vote for him.

Republicans have accused Becerra of being “famously partisan,” not having enough experience in health care and suing nuns over contraceptive coverage.

Becerra had actually sued the administration of former President Donald Trump over contraceptive coverage, which was joined by an organization of nuns. It was one of 123 lawsuits he filed against the Trump administration as California’s attorney general.

Biden and Becerra had touted his work to develop the Affordable Care Act while he represented the Los Angeles area in the House of Representatives as part of his experience in health care.

This story was originally published March 3, 2021 at 9:28 AM.

Kate Irby
McClatchy DC
Kate Irby is based in Washington, D.C. and reports on issues important to McClatchy’s California newspapers, including the Sacramento Bee, Fresno Bee and Modesto Bee. She previously reported on breaking news in D.C., politics in Florida for the Bradenton Herald and politics in Ohio for the Cleveland Plain Dealer.
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