According to reports, President-Elect Biden will select Xavier Becerra as the next Secretary of the Health and Human Services. As California Attorney General, Becerra participated in many lawsuits against the Trump Administration, including several cases involving HHS. Perhaps the most notable case is California v. Texas.
Will Becerra recuse from any case he was involved in? For example, would he have to recuse in the never-ending litigation concerning the contraception mandate? And would that recusal extend to the Biden Administration's rescission of the Trump Administration's rescission of the Obama administration's policy? Would Becerra be barred from negotiating any settlements in those cases? In many regards, Becerra's former employment may limit his ability to manage the agency. His Deputy will have a significant amount of responsibility.
There is some precedent here. In early 2017, Democratic Senators called on Scott Pruitt, the former Oklahoma Attorney General, and eventual EPA nominee, to step down from any cases he was involved with. Indeed, Pruitt ultimately recused from certain cases.
I'm certain the Senate will ask Becerra about possible recusals.
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