Newsom is pressured to appoint a woman or minority as AG

The lobbying around Gov. Gavin Newsom's attorney general pick has begun in earnest.

The Democratic Legislative Women's Caucus jumped into the fray with a letter urging him to pick from among a half-dozen women, mostly current or former state legislators.

"Women make up just over half of the population in California, and yet only one woman has served as attorney general in our state," stated the letter released to the public on Monday. "The fact that women are not proportionately represented in public office indicates the clear need to uplift and intensify our focus on representation."

On Jan. 5, the California Legislative LGBTQ Caucus suggested two openly gay attorneys, Equality California Executive Director Rick C. Zbur and Sen. Scott Wiener, D-San Francisco. The group's letter to Newsom noted either would be the state's first openly gay attorney general, and Wiener would be the first Jewish one.

Some in organized labor suggested California Supreme Court Justice Goodwin H. Liu. A group of Asian-American elected officials have gotten behind Filipino-American Assemblyman Robert A. Bonta, D-Alameda.

Lobbying around the job began shortly after President-elect Joe Biden announced Dec. 6 he would nominate California Attorney General Xavier Becerra to be his secretary of health and human services. But most of the groups mentioned only announced their efforts last week.

This may have to do with events on the other side of the country. Democrats swept a pair of U.S. Senate runoff races held Jan. 5, giving them control of the U.S. Senate. If Senate Republicans had held the majority, many expected they may have voted Becerra down or prevented his nomination from even getting a vote. Republicans have complained about the 100-plus lawsuits Becerra filed against the U.S. government and President Donald Trump during the four past four years.

While many groups are pressuring Newsom, several factors will limit his choices. For one, the attorney general must be a member of the California State Bar. This prevents one choice popular with those who describe themselves as progressives: Rep. Katie Porter, D-Irvine, a former UC Irvine School of Law professor but not a member of the bar.

But the attorney general doesn't need to be an active member of the bar. In 2018, the California Supreme Court declined to hear an appeal by a former challenger, Eric Early, that Becerra was ineligible because his law license lapsed between 1991 and 2017. Early v. Becerra, S250475 (Cal. Sup. Ct., filed Aug. 8, 2018).

The job also becomes less prominent with Trump leaving office. This could make it less attractive to someone like Liu, who already holds a secure, high-profile position. A 12-term congressman before accepting the appointment from Gov. Jerry Brown, Becerra was boxed out of the top three Democratic leadership spots in the House of Representatives. His battles with Trump greatly increased his national visibility.

There's also the question of identity politics. In recent weeks, Newsom has named Alex Padilla, a Latino and political ally, to Harris' U.S. Senate seat. Assemblywoman Shirley Weber, D-San Diego, a black woman with a longtime interest in voting rights, will replace Padilla as Secretary of State. Newsom named the California Supreme Court's first openly gay justice, Martin J. Jenkins. These factors might play in favor of Bonta or another Asian-American prospect.

Of the six current and former legislators suggested by the women's caucus, four are Latina: Sen. Anna Caballero, D-Salinas, former Sen. Martha Escutia, and Assemblywomen Lorena Gonzalez, D-San Diego, and Eloise Gomez Reyes, D-San Bernardino. The California Legislative Latino Caucus also suggested all four in a letter to Newsom in December.

Caballero and Gonzalez both term out next year. Gonzalez announced a run for secretary of state two years ago and still has an open committee and campaign website. But she is unlikely to run against Weber, who has already announced she will seek a full term in 2022.

Newsom was a vocal supporter of AB 5, Gonzalez's law codifying the Dynamex decision defining which workers can be considered independent contractors in the state. In an interview with the Daily Journal last week, California Chief Justice Tani G. Cantil-Sakauye said she expects her court to see extensive litigation over labor law in the coming years.

The other names on the Women's Caucus list are Contra Costa County District Attorney Diana Becton, a former judge who is black, and Assemblywoman Rebecca Bauer-Kahan, D-Orinda. Bauer-Kahan is a member of the California Legislative Jewish Caucus.