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Supreme Court of the United States

Biden’s New HHS Secretary Xavier Becerra Has Record of Violating Free Speech

By Caroline Roberts posted on:
March 18, 2021

When President Joe Biden was sworn into office, he promised to “preserve, protect and defend the Constitution of the United States.”

So, how’s it going?

Well, if President Biden’s cabinet appointees are any indication, I’d say: not very well.

In fact, Biden has nominated several cabinet members who have a history of trampling on Americans’ constitutional rights. One of those cabinet members was confirmed today by the Senate as Secretary of Health and Human Services: Xavier Becerra.

Becerra’s Record

In 2018, the Supreme Court ruled in favor of free speech in a landmark case, National Institute for Family and Life Advocates (NIFLA) v. Becerra.

Becerra, who has served as California’s attorney general since 2017, was trying to force pro-life pregnancy centers in the state to provide free advertising for the abortion industry.

Under the “Reproductive FACT Act,” pro-life pregnancy medical centers had to inform their patients about low-cost abortions in the state—by posting “conspicuous” signs in their waiting rooms—even if the pregnancy centers had strong, religious convictions against doing so.

In other words, Becerra was forcing employees of pregnancy centers to speak a message that contradicted their convictions—a direct violation of their First Amendment rights.

Becerra’s record demonstrates that he does not value life, especially life in the womb. In 2003, while serving in Congress, he voted against a ban on partial-birth abortion, a particularly heinous and inhumane method of abortion. In 2017, he brought a lawsuit against the federal government because he wanted an Obamacare mandate reinstated—a mandate that would force organizations like Little Sisters of the Poor and March for Life to pay for contraceptives and abortion-inducing drugs. Later, acting as attorney general of California, he refused to investigate or prosecute Planned Parenthood despite evidence they trafficked aborted baby body parts—and instead filed 15 criminal charges against the undercover journalist who exposed Planned Parenthood’s wrongdoing.

Becerra has repeatedly proved that he has no regard for conscience rights or the right to life.

Becerra’s Confirmation Poses a Threat to Us All

Becerra’s confirmation doesn’t threaten only Americans who are pro-life. When the government devalues conscience rights—as Becerra has done with pro-life pregnancy centers and religious employers like Little Sisters of the Poor—we all lose. Conscience rights protect the freedom of all Americans to live and work consistently with their beliefs.

The government has no business forcing organizations to violate their convictions because it’s not the government’s job to decide which ideas win out in society. And that’s the problem with Becerra’s confirmation.

The Constitution protects religious liberty and the right to free speech for every American. The President—and his cabinet members—should act consistently with those principles. Where the Biden administration acts contrary to the Constitution, ADF stands ready to defend freedom for all Americans.

But we need your help.

Will you commit to standing for the American promises of life and liberty upon which this nation was founded?

Every generation faces a unique moment when it is called on to protect the guarantee of liberty enshrined in our Constitution. This is our moment. This is your moment.

If you believe that the American promises of life and liberty are worth defending, please sign the statement.

  • I stand for America’s founding principles: that all men are created equal with inalienable, God-given rights.
  • I stand against any unlawful effort by the Biden administration to restrict my constitutional liberties.
  • I stand for freedom and will join Alliance Defending Freedom to preserve free speech, religious freedom, the sanctity of life, parental rights, and marriage and family.


Photo Credit: Gage Skidmore at Wikimedia Commons


Caroline Roberts, Strategic Communications Writer

Caroline Roberts

Strategic Communications Writer

Caroline Roberts serves as a Strategic Communications Writer at Alliance Defending Freedom.

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