Daily Journal Staff Writer
SACRAMENTO — Less than three weeks after Gov. Jerry Brown nominated him to become California's next attorney general, the state Senate confirmed Rep. Xavier Becerra, D-Los Angeles, on Monday.
The 26-9, party-line vote fulfilled Brown's wish to have his nominee confirmed before the annual State of the State speech. Moments after the vote, Brown's office sent out a press release stating Becerra would be sworn in at 10 a.m. Tuesday, during the speech.
The vote took place against the backdrop of a new U.S. presidential administration that has already made moves against the Affordable Care Act, climate change policy and other Democratic priorities.
The vote followed a five-hour confirmation hearing in the Senate Rules Committee last week. That event was notable for a trio of exchanges that took place between the nominee and Senate Pro Tem Kevin de León, D-Los Angeles.
The Senate leader pressed Becerra on whether he planned to run for a full term as attorney general in 2018.
After a back and forth that included Becerra's theorizing he might be hit by a bus, he said he planned to stay in the job.
On Monday, de León spoke first.
"He will be a very strong partner to help us work with the federal government when we can, and resist when we must," de León said.
In opposing Becerra, Senate Minority Leader Jean Fuller, R-Bakersfield, picked up a talking point raised by other Republicans in hearings: trying to play Becerra off of former U.S. Attorney General Eric H. Holder, who was hired by Democrats in the state Legislature earlier in the month.
Democratic leaders in the Legislature announced they had retained Holder — former President Barack Obama's longtime attorney general — and his firm, Covington & Burling LLP, to advise on potential legal battles with the new Republican administration of President Donald J. Trump.
"I told him I advocated they give him more room to do his job and not let Holder take over," Fuller said in reference to a recent meeting with Becerra.
Other Republicans raised concerns about the rhetoric Democrats have used in pushing the nomination.
"It seems like we're being told he is focused on certain issues and we're going to take the fight to the federal government," said Sen. John Moorlach, R-Costa Mesa. "I'm concerned about that because the state of California gets $86 billion of federal funding."
"Let's remind everyone that that $86 billion not only came from California taxpayers, but much more was sent from California to the federal government to pretty much subsidize other states that cannot pay their proportionate share," countered Sen. Ben Hueso, D-San Diego.
"Lawyers really do matter," said freshman Sen. Henry Stern, D-Canoga Park, an environmental attorney.
"The common thread of those standing in support today of Mr. Becerra's confirmation is not necessarily politics or his priorities that he'll be pursuing one body of law rather than another, but that he does respect the law itself," Stern added. "At this point in our history, that is actually up for debate."
malcolm_maclachlan@dailyjournal.com
Malcolm Maclachlan
malcolm_maclachlan@dailyjournal.com
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