Fact Checking Xavier Becerra’s Claim That He ‘Never Sued Any Nuns’

As California AG, he sued the Trump administration over a contraception mandate exemption, but the case had direct bearing on the Little Sisters of the Poor.

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During his Senate confirmation hearing on Wednesday, President Joe Biden’s nominee for health and human services secretary, Xavier Becerra—the attorney general of California since 2017—claimed that he “never sued any nuns” in response to a question about litigation against the Little Sisters of the Poor. Becerra further claimed that the lawsuit in question was filed against the federal government “because they have been trying to do things that are contrary to the law in California.”

At the hearing, Sen. John Thune posed the following question to Becerra: 

“It does seem like, as attorney general, you spent an inordinate amount of time and effort suing pro-life organizations, like Little Sisters of the Poor, or trying to ease restrictions or expand abortion. You’re going to have a big job as secretary of Health and Human Services, if confirmed. So how do you assure us, that—because I think the majority of American people would not want their secretary of health and human services focused or fixated on expanding abortion when we’ve got all these public health issues to deal with. So how do you assure us that that’s not going to be something that continues over from your time as attorney general?”

In response, Becerra stated:

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  1. Bruce Wilkinson

    The real question is whether or not we want an AG that takes sides in the culture war. I don't. Going after the LSOP rather than honoring their legitimately grounded exemption was a gratuitous exercise of typical illiberal bullying--completely aside from the debate about whether or not the federal or state government should be mandating that employers provide birth control, toilet paper, diapers, Viagra, antihistamines, or any other necessary or elective commodity hygiene products for their employees. Viagra requires a prescription and it's not mandated to be covered. So, there's that little discrepancy in vaunted equal protection.

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  2. Michael Hartley

    Thank you for this essay. Congress should resolve this question through legislation. Instead we get "dueling" executive actions from Republican and Democratic administrations. The Biden Administration seems committed to reverse the 2017 executive action. If they do, they will have a lot of explaining to do in how their action does not directly impact the Little Sisters' freedom of religious expression. Freedom of religious expression should have more vitality than to be encompassed by a legal device which essentially says "if you don't have to pay for it, you shouldn't care."

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    rlritt

    I would think that anyone interested in ending abortion would lobby for free birth control.

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  4. V Addeman

    A lot of explanation and background that ends up in a brief (and neatly buried) conclusion: Becerra didn't sue nuns.

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    1. Brilliantly Oblivious

      Correct in fact but incorrect as to what the conclusion would have been

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      Luke Thompson (not that one)

      Right. He sued the federal government (specifically, the branch Biden wants him to lead) for not suing nuns.

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    Show Jay Janney the 🚪!

    As a football fan, I root for the Little Sisters of the Poor every fall when they are scheduled to play "bama, the Buckeyes, most of the SEC/Big 10/Big 12/etc. prior to conference football starting. What can i say but they make great cupcakes.

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  6. Safety Cone

    Not to be flip or dismissive, but what if the Little Brothers of Islam Orphanage were claiming a religiously grounded difference in care standards for girls v. boys? A secularist taxpayer may find circumcision as abhorrent as clitorectomy, are health plans currently paying for either procedure? Should they be? Could Shakers be exempted from providing for obstetric care?

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  7. Sheri Smith

    So, he didn’t sue the nuns, per your statement “While Becerra technically may not have “sued any nuns” while attorney general...”

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  8. PCamp2

    A well developed and factually correct analysis that, in my opinion, supports the outcome that Becerra is disingenuous on this issue and somewhat of a whiner who goes to great lengths to embellish his credentials as an experienced and knowledgeable leader in this field. He has almost no experience or demonstrated skills in leading an Agency as large and complex as HHS . Who is he kidding?

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    David Prejean

    Sorry but my eyes glazed over about half way through. I would appreciate it if you simplify the issue for those of us who don't do legalese. I do appreciate your efforts to fact check however.

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    Mary

    Regardless of how I feel about this topic, I want to say that the balance and fact driven writing of your past fact checks let me do my best to put aside my biases and read this fact check with my mind open.

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