Xavier Becerra

Abortion rights and pay equity

Becerra voted against H.R. 3541, the Prenatal Non-Discrimination Act (PRENDA), which would have imposed civil and criminal penalties on anyone knowingly attempting to perform a sex-selective abortion.^{[citation needed]}

Becerra argued before the United States Court of Appeals for the Ninth Circuit that the Little Sisters of the Poor, a Catholic religious order, should be required to provide birth control services under the Affordable Care Act.^[22] In late 2020, arguing that the prosecution would discourage pregnant women from obtaining addiction treatment, Becerra requested that the Supreme Court of California block the murder prosecution of a woman who had consumed methamphetamine during her pregnancy, resulting in a stillbirth. The court declined to do so.^[23]

Bureau of Environmental Justice

In 2018, Becerra created an environmental justice bureau at the California Department of Justice. It opposed the effort to expand San Bernardino International Airport due to concerns regarding air pollution, intervened to halt a proposed waterfront cement plant in Vallejo, citing significant concerns over increased air pollution and greenhouse gas emissions, and supported the City of Arvin's oil and gas ordinance, endorsing a 300-foot buffer for homes, schools, and hospitals.^[31][32]

Protection of endangered species in Sacramento and San Joaquin River

On May 11, 2020, Becerra secured a preliminary injunction in this lawsuit against the Trump Administration for unlawfully expanding water export operations in the Central Valley.^[33]

Statewide organized crime ring charged with sex trafficking in California

In 2019, Becerra filed charges against Jing Chiang Huang, Shu Mei Lin, Shao Lee, Peihsin Lee, Pengcheng Cai, and Dafeng Wen for their alleged involvement in a statewide organized crime ring engaged in sex trafficking, tax fraud, and money laundering. Five suspects were sentenced in March 2022.^[35]

Additional criminal law enforcement

Becerra brought fourteen felony charges against Center for Medical Progress activists for recording fourteen videos (see Planned Parenthood 2015 undercover videos controversy), and one felony charge for conspiring to invade privacy, on March 28, 2017.^[36] The charges were dismissed by a California Superior Court judge in June for not stating the names of those recorded and the specific dates of the recordings;^[37] the charges were refiled with the names and dates in July 2017.^[38]

In 2019, Becerra threatened "legal action" against reporters who had received records of California law enforcement officers who had been convicted of crimes during the past decade.^[39]

In December 2020, Becerra was faulted by state district attorneys for not taking leadership to help stop unemployment fraud during the COVID-19 pandemic, in what was described as the "biggest taxpayer fraud in California history".^[40] In January 2021, investigators said the total fraud was over $11 billion, with $19 billion in claims still under investigation.^[41][42][43] Most of this money will likely never be recovered, prosecutors said.^[40][44][45]

Defense of Deferred Action for Childhood Arrivals (DACA)

In November 2019, Becerra led a coalition of 21 attorneys general to defend DACA against the Trump Administration's attempt to terminate it.^{[citation needed]} The Court found that the administration's actions to end DACA were unlawful.^[46]

Defense of the Affordable Care Act (ACA)

Becerra led the multi-state lawsuit to preserve the ACA's protections for people with pre-existing conditions and Medicaid expansion. The Supreme Court upheld the law.^[47][48]

Additional federal litigation

In February 2019, Becerra, Governor Gavin Newsom, and 15 other states filed a lawsuit against the Trump administration over the president's declaration of a national emergency to fund a wall at the southern U.S. border.^[49]

The Trump administration opened 1 million acres in California to fracking and drilling in December 2019.^[50] Under this policy, the Bureau of Land Management proposed new lease sales for oil and gas extraction along "California's Central Valley and Central Coast, touching eight counties and including 400,000 acres of public land".^[51] California officials and agencies, including Becerra, filed a lawsuit against the Bureau of Land Management in January 2020.^[52][51]

On December 9, 2020, Becerra's office had joined 47 other states and the Federal Trade Commission in an antitrust lawsuit against Facebook.^[53][54]

Medicare drug price negotiations

Becerra helped reduce prescription drug prices for Medicare beneficiaries by allowing direct price negotiations for high-cost medications under the Inflation Reduction Act.

In 2023, Becerra and HHS finalized negotiations for 10 high-cost drugs, including Eliquis, Jardiance, and Xarelto, achieving discounts of 38% to 79%. These lower prices, effective in 2026, would have saved Medicare $6 billion in 2023 alone.^[69] Later, Becerra announced 15 additional drugs for negotiation in 2025, with reduced prices set to take effect in 2027. These medications, including Ozempic, Ibrance, and Vraylar, account for $41 billion in annual Medicare Part D spending and treat conditions such as cancer, diabetes, and asthma.^[70]

Additional matters

Becerra oversaw one of the biggest reform efforts of sub-agencies in HHS's history, including at the Food and Drug Administration^[71] and the Centers for Disease Control and Prevention.^[72]

Becerra was criticized as health and human services secretary for being absent in the public eye during the pandemic, for confusing messaging by federal public health authorities and for the subsequent loss of public trust, and for his collaborative management style while serving as secretary; his defenders said he was given an unclear role as secretary.^[73] Becerra was similarly criticized following his agency's response to the 2022 monkeypox outbreak amid issues with health policy communication and what was widely considered a slow response; White House officials said that Becerra sought to scapegoat the states rather than take responsibility for the subpar response.^[74]

In 2023, Becerra rejected cancer patients’ petition to use a law which allows HHS regulators to rescind exclusive patent protections for government-developed drugs making them more available to the generic market.^[75]