We tracked California’s lawsuits against Donald Trump. Where the state won — and lost

That revving you hear from Sacramento is the sound of California’s Democratic leaders preparing to sue the tar out of the Trump administration.

We’ve seen this all before.

California sued the Trump administration 123 times between 2017 and 2021, according to Attorney General Rob Bonta’s office. It spent about $10 million a year in doing so. A majority of the lawsuits dealt with environment rules, immigration and health care.

Legal and policy experts expect those same issues to take center stage during Trump 2.0.

That’s why Bonta’s team started to prepare legal briefs months ahead of the election, it’s why Gov. Gavin Newsom called for a special legislative session to “Trump-proof” California, and it’s why state Democrats have agreed to allocate $50 million to fight Trump in court — a move that state Republicans denounced as a “slush fund” for “hypothetical fights.”

Trump lost more than two-thirds of the lawsuits filed against his rules in his first term. His win rate of 31% was lower than that of the three administrations prior, according to an analysis by the Institute of Policy Integrity at the New York University School of Law.

What do California’s past legal skirmishes with the Trump administration 1.0 tell us about the policy battles to come? And how might this time be different?

Many experts say the new Trump administration could be more strategic and wise this time. In his first round, his policy proposals were often rushed through and failed to pass legal muster.

“That’s something we are certainly worried about this second time around, that they’ll make the same policy decisions that are bad from our perspective, but do it again in a smarter way that makes them harder to challenge,” said Eva Bitrán, director of immigrants’ rights and staff attorney at American Civil Liberties Union of Southern California.

Another possible difference: The rules have changed. At the end of the U.S. Supreme Court’s 2023 term, the conservative majority issued a series of rulings that, taken together, make it much easier for people, businesses and aggrieved state governments to challenge federal regulations. At the time, these rulings were seen as a historic victory for the conservative legal movement and big business. Now that Trump is back in office, it may actually make the California attorney general’s job of stymying the Trump agenda easier.

Here’s a look at California’s record in court against Trump.

Environment: Wins on procedure

California prides itself on being a national leader on ecologically-minded rules and aggressive climate action. That brings it into natural conflict with any modern Republican White House, but especially the Trump administration.Roughly half of the lawsuits that the state filed against the Trump administration the first time around were related in some way to the environment.

Winning on administrative procedure. California’s Department of Justice racked up a lot of legal wins early on in Trump’s term. The vast majority of them were over important but relatively narrow policy debates around asbestos oversight rules, big rigs that use old engine components, energy efficiency requirements on freezers and ceiling fans (that was two cases), among others.

As with many other areas of policy, California was able to eke out these easy victories by persuading courts that the Trump administration had rushed rules through without explaining their rationale, providing sufficient evidence or giving the public the opportunity to weigh in. These are violations of the Administrative Procedure Act, which is the bureaucratic equivalent of failing to do your homework.

Though Trump 2.0 may be more careful this time, his pledge to fire thousands of career civil servants may also make the task of writing regulations that pass legal muster that much more difficult.

The waiver wars. One of California’s most successful legal challenges ended with a victory outside the court, said Julia Stein, an environmental law professor at UCLA. After the Trump administration revoked California’s permission to set its own emission limits on car exhaust — which comes from an Environmental Protection Agency waiver of the federal law’s preeminence over state rules — California sued. Then it sued again. Though the legal battle never quite reached a conclusion before Trump left office in 2021, the prolonged regulatory uncertainty was enough to convince some of the world’s biggest automakers to cut a deal directly with California.

Stein said she wouldn’t be surprised if that serves as a template for other regulated industries as California and the second Trump administration inevitably resume their legal battles.

“I think businesses are going to feel like, ‘well, I still need to make investment decisions and I still need to contend with different state regulatory environments and federal regulatory environments and so I might want to start entering into private agreements,’” said Stein.

Waters of the United States. California and other blue states spent the bulk of Trump’s first term beefing in court over how to define a “waterway.”

It was a semantic debate with enormous implications. Since the 1970s, the Clean Water Act has been the main way that federal regulators have battled water pollution. In 2015, the Obama administration expanded the definition of waterways covered under the law to include many wetlands and streams that only pop up during rainstorms. Trump’s Environmental Protection Agency suspended that rule, reintroduced an old one, then came up with a new rule of its own, getting sued at every step. California didn’t end up formally winning in court, but the state did run out the clock in time for President Joe Biden to take over in 2021.

The story doesn’t end there. In 2023, the U.S. Supreme Court backed a narrower definition of the Clean Water Act, effectively taking Trump’s side of things. But California remains its own regulatory bastion; its stringent water quality rules remain in effect.

What’s coming: There’s no shortage of ways that California might disagree with the incoming Trump administration on environmental matters, but the past is likely to be a pretty good guide. Expect the waiver wars to continue. California offered a taste of what’s to come before Biden was even out of office when it abandoned a proposed ban on diesel trucks, anticipating an unwinnable battle with Trump.

Other areas of possible disagreement abound. They include disputes over green infrastructure spending, offshore energy projects, wildfire relief funds, new national monuments created by Biden and limits on the use of academic research to inform environmental policy.

Immigration: Travel bans and sanctuary cities

Thousands of people protested at airports in the first week of the previous Trump administration when he issued an executive order banning people from seven Muslim-majority nations from entering the United States. It kicked off years of battles over immigration enforcement, and California had a mixed record in court.

Travel bans. The Trump administration tried multiple times to enact his order restricting travel from those Muslim-majority nations. California and others sued, arguing that not only was the policy discriminatory, but that it was also bound to harm the economy, businesses and universities.

Trump’s first two attempts were struck down, but in 2018 the Supreme Court upheld his third version of the ban. Biden reversed the order on his first day in office.

“Even in the cases where California lost, like this one, the fact that it took three rounds for the ban to be upheld, that’s helpful,” Bitrán at ACLU Southern California said. “Throwing sand in the gears and slowing them down has a protective effect on California’s immigrant communities, too.”

Sanctuary funding. During the first Trump administration, California passed a “sanctuary state” law to protect undocumented immigrants from deportation. That protection does have exceptions — it does not apply to people convicted of violent crimes or serious offenses, for example.

When Trump said he planned to withhold certain federal dollars from “sanctuary jurisdictions” unless they cooperated with federal immigration authorities, the state, along with San Francisco, sued. That funding included about $28 million for the state of California that supports recidivism prevention, at-risk youth and other law enforcement programs, former state Attorney General Xavier Becerra said at the time. A federal judge sided with California, calling Trump’s order unconstitutional.

Protecting DACA. In what some immigration attorneys call a landmark case, the state and the University of California Board of Regents participated in the defense of the Deferred Action for Childhood Arrivals program, or DACA, which allows immigrants brought to the U.S. as children to stay and work in the country.

While the program does not grant people legal status, it does protect them from deportation. In June 2020, the Supreme Court ruled in favor of the so-called DREAMers, blocking Trump’s plan to end the DACA program. This ruling shielded some 700,000 DREAMers, including about 200,000 residing in California.

What’s coming: Top of mind for immigration advocates is the promise of mass deportations, including Trump’s threat to use the military to carry out raids. A recent raid in Kern County, made waves throughout the state as a preview of what is potentially to come. Axios first reported that Trump plans to issue 100 executive orders on his first day back in the Oval Office, many of which are reported to be centered on immigration enforcement.

Trump could also reinstate a public charge policy from his first term that sought to make it harder for immigrants to get green cards if they use, or were likely to use, safety net programs, such as Medicaid or food stamps.

Legal experts also expect to see more fights around federal funding, restrictions for asylum seekers, and renewed efforts to end DACA or other temporary protected status.

Health care: Obamacare and more

In round 1, Trump tried just about everything to pick away and dismantle the Affordable Care Act, also known as Obamacare. And while he was successful in nixing provisions of it, the health law today continues to stand. Some advocates and experts credit in part California’s move to interfere and defend the law during Trump’s last term for the fact that millions continue to have health coverage.

Defending the Affordable Care Act. Trump’s main attempt to repeal the Affordable Care Act failed when the Senate rejected a bill that would have undone former President Barack Obama’s signature law. A second challenge to the law followed when Texas filed a lawsuit contesting its constitutionality. Because the Trump administration did not move to defend the federal health law, 17 states led by California, intervened to make the case for keeping the Affordable Care Act.

While this was not a challenge initiated by California, advocates say California played a unique and instrumental role in the law’s defense. California essentially “stepped in for a Justice Department that was no longer doing its job on behalf of the nation” and defended the law in court, said Anthony Wright, executive director at Families USA, a consumer health advocacy organization.

In June 2021, the Supreme Court ruled in California’s favor to preserve the Affordable Care Act. Had the decision gone Texas’ way, approximately 20 million Americans, including 5 million Californians, could have lost their coverage.

Health care subsidies. California also went to bat for health care subsidies that help make Obamacare coverage more affordable. In 2017, Trump announced the federal government would stop paying insurers for cost-sharing subsidies that help offset out-of-pocket expenses, like deductibles and copays. Becerra and 17 other state attorney generals filed a lawsuit on behalf of the estimated 6 million Americans who would have been affected by this change.

California placed its lawsuit on hold when marketplaces and insurers found a workaround to offset those losses by increasing premiums on certain plans (but also premium aid), and the case was eventually closed. While this was not a court win, per say, Wright said California’s administrative response was still a win for consumers. “It was a way so that people’s copayments and deductibles didn’t spike to unaffordable levels,” Wright said.

Title X “gag” rule. Title X is a federal program created in the 1970s that provides free or low cost family planning services to people with low incomes. In 2018, Trump proposed a “gag rule” that prohibited clinics receiving Title X funding from performing or referring patients to abortion services. Home to about a fourth of all Title X patients, California along with others challenged the policy change, but a ruling by a federal appeals court judge ultimately allowed it to continue.

Following the rule change, many clinics stopped participating in the Title X program. That meant that the program served about 60% fewer patients between 2018 and 2020, according to KFF, a health policy research center. The Biden administration eventually revoked Trump’s policy.

What’s coming: Health advocates say they’ll be closely watching everything from reproductive choice and access to gender-affirming care to potential cuts or caps on Medicaid spending. Medicaid, better known as Medi-Cal in California, serves close to a third of the state population, and reductions in funding for this program would be deeply consequential.

Funding is the key word. While the state can do a lot to protect Californian’s access to care — as the Legislature has attempted to do with a slate of laws over the last few years — it also depends greatly on federal funding to make that happen, said Amanda McAllister-Wallner, interim executive director at Health Access California, a consumer advocacy group.

“That’s a big takeaway and a big lesson learned from this last time around is we can do a lot here in California to protect consumers, to uphold California values,” McAllister said. “But without the federal funding to guarantee access to health care for folks, it’s really hard to keep people enrolled and to keep people with coverage.”

Kamala Harris: What her California years reveal

This article originally appeared in CalMatters, a nonprofit, nonpartisan media venture explaining California policies and politics.

As President Joe Biden today bowed to the growing chorus of elected Democrats and Democratic voters calling for him to exit the 2024 race, everyone is taking another good hard look at Kamala Harris.

“Today I want to offer my full support and endorsement for Kamala Harris to be the nominee of our party this year, ” Biden wrote in a social media post, calling his selection of Harris to be his vice president “the best decision I’ve made.”

Vice presidents rarely get much attention. What attention Harris has gotten on the job hasn’t been particularly positive. Counter to the reputation she cultivated early on in her career as a pragmatic politician and sharp-minded prosecutor, public opinion on Harris soured in the summer of 2021 and had mostly stayed sour.

That was in part thanks to the White House saddling her with a series of unenviable and intractable tasks. Beyond that her role, like that of most vice presidents, has been high on profile, but low on actual responsibility. It’s a job perhaps best described by fictional Veep Selina Meyer as the political equivalent of being “declawed, defanged, neutered, ball-gagged, and sealed in an abandoned coal mine.”

Nor was Harris faring much better with voters in her home state. Last year 59% of California voters in a Berkeley Institute of Governmental Studies poll said they would not welcome her on the top of the ticket.

Why Nancy Pelosi was key to nudging Biden out: ‘For her, it’s all about winning’

But as Harris emerged as the favored substitute for Biden, more voters seem to be warming to her. A Washington Post poll found that the vast majority of Democratic voters nationwide would be “satisfied” with Harris at the top of the ticket. The same poll found her narrowly beating Trump in a head-to-head election among registered voters.

Today she issued a statement saying she was honored to have Biden’s endorsement and “my intention is to earn and win this nomination….We have 107 days until Election Day. Together, we will fight. And together, we will win.”

And so the nation is catching itself back up to speed on all things Harris — and that means catching up on a life of accomplishment and controversy here. More than any other vice president in generations, Kamala Harris’ biography is singularly Californian.

Born in Oakland, bussed to school in Berkeley, tested by San Francisco’s cutthroat municipal politics and propelled onto the national stage as the state’s top law enforcement officer and then its first female senator of color, Harris’ approach to politics and policymaking were honed here.

Now that voters are reconsidering whether Harris has what it takes to be president of the United States — and as Donald Trump and J.D. Vance train their oppo-machine upon her — we’re resurrecting this look at her California years and career. Here are nine ways that California shaped Kamala Harris, and that Harris shaped California.

1. A child of Berkeley

In a state full of transplants, Harris is a lifelong Californian.

She was born in 1964 in Oakland — at a hospital a little over a mile from the city hall where, more than half a century later, she would announce her short-lived 2020 bid for the presidency. Born to immigrant parents who met while getting their PhDs and protesting for civil rights at UC Berkeley, she spent her childhood in Berkeley. Harris’ father, Donald Harris, is from Jamaica and her mother, Shyamala Gopalan, is from India. The couple split when Harris was 7, and Harris and her sister Maya were raised mostly by her mother, who died in 2009.

In the first Democratic presidential debate in 2019, Harris famously skewered Joe Biden — then her campaign rival — for his past opposition to federally mandated busing to desegregate public schools. For Harris, she said, the issue was “personal.”

Specifically, Harris rode the “red rooster” from Berkeley’s working-class flatlands to Thousand Oaks Elementary School at the base of the affluent north Berkeley hills. This was 1969, just one year after Berkeley Unified introduced its “two-way” busing program across its elementary schools. Berkeley being Berkeley, unlike local integration plans across the country, the city had undertaken this one on its own accord.

After the debate dust-up, Harris clarified that she does not support federally mandated busing, a policy stance not so dissimilar from the one she needled Biden over.

Traversing back and forth between different strata of society — black, white and Asian; well-off and working-class — is a familiar trope in Harris’ biography.

“It wasn’t a homogenous life,” said Debbie Mesloh, a friend who has also worked for Harris as a communication director and a consultant. “She’s a very resourceful person in that she can move in between these worlds.”

Vice President Kamala Harris graduated from Howard University in 1986. Her graduating year photo is in the bottom row, second from right.

Vice President Kamala Harris graduated from Howard University in 1986. Her graduating year photo is in the bottom row, second from right.

Harris spent her teenage years in Montreal, moving there with her sister and mother when Gopalan accepted a university research position there. She earned a political science and economics degree at Howard University in Washington D.C. but returned to California to get her law degree in 1989 at the University of California, Hastings in San Francisco.

Until her most recent move to Washington, she called California home.

Fresh out of law school, she joined the Alameda County district attorney’s office in 1990, serving there eight years before crossing the bay to San Francisco. In 2003, she unexpectedly won election as San Francisco district attorney, where she served two terms before her narrow election as state attorney general in 2010. She was elected to the U.S. Senate in 2016.

2. The influence of king/queen-maker Willie Brown

Former state Assembly Speaker and San Francisco Mayor Willie Brown has helped accelerate many a successful political career in California (including that of Gov. Gavin Newsom). Harris got a boost from Brown, too.

In March 1994, San Francisco Chronicle’s legendary columnist Herb Caen described the scene at Brown’s surprise 60th birthday party. Clint Eastwood was there, wrote Caen, and he “spilled champagne on the Speaker’s new steady, Kamala Harris.” Brown had a reputation for dating much younger women. In his column, Caen described Harris, then a deputy district attorney of Alameda County, as “something new in Willie’s love life. She’s a woman, not a girl.”

The relationship ended after two years, but her connection to Brown, three decades her senior, did have an outsized effect on her career.

Willie Brown and Kamala Harris in 1994.Willie Brown and Kamala Harris in 1994.

“I would think it’s fair to say that most of the people in San Francisco met her through Willie,” John Burton, who used to be president pro tem of the state Senate, former chair of the California Democratic Party and a San Francisco political powerhouse in his own right, told Politico.

The speaker gave Harris a couple plum positions on two state regulatory boards — the Unemployment Insurance Appeals Board and the California Medical Assistance Commission. “If you were asked to be on a board that regulated medical care, would you say no?” Harris told SFWeekly a few years later.

Harris’ connection to Brown also helped her make connections across San Francisco high-society and California political elite. In 1996, a year after Brown became mayor and Harris broke off the relationship, she joined the board of trustees at San Francisco Museum of Modern Art.

When Harris ran for San Francisco district attorney nearly a decade later, her first contributioncame from Elaine McKeon, chair of the museum’s board. More — much more — poured in from donors with last names like Fisher, Getty, Buell, Haas and other noble houses of the Bay Area.

But from the beginning of her political career, Harris has seen her connection with Brown as a liability — a cudgel that opponents can use against her and, at worst, a tired, sexist trope used to question the legitimacy of her ascendant career. In the first run to be San Francisco’s district attorney, Harris deliberately hired a campaign consultant known for working with clients outside the Brown political machine. During that same campaign, she described her past relationship with the former speaker and mayor as “an albatross hanging around my neck.”

And in 2020, Brown wrote that if Biden offered her the chance to be his running mate, she should turn him down — noting that “the glory would be short-lived, and historically, the vice presidency has often ended up being a dead end.”

He recently told a reporter, regretfully, that he and Harris are no longer in touch.

3. A lack of clarity

You saw it in the presidential race. You’ve seen it in her as vice president. As the New York Times once put it: “the content of her message remains a work in progress.” We saw it before in California.

While running the California Department of Justice, Harris was often loath to wade into the political battles taking place just a few blocks away in the state Legislature.

There was the bill that would have required her office to investigate police shootings. She did not take a formal position (though she did tell a reporter it would be bad policy). The bill died.

There was the proposal to force police departments to gather data on the ethnicity and race of the civilians they stop. Harris also declined to take a position. It passed anyway.

And on the biggest criminal justice overhaul in California in a generation, Harris also kept mum.

Prompted by a judicial decree that the state had to dramatically cut the population of its overcrowded prison system, “realignment” was a package of state policies passed in 2011 that shifted tens of thousands of inmates out of state custody and into county jails or onto the rolls of local probation systems.

Despite in many ways reflecting the lessons described in her book “Smart on Crime,” which argued that non-violent criminals can be redirected into less punitive systems without jeopardizing public safety, Harris, the state’s top law enforcement officer, was silent on the policy.

“The idea that she would have consistent positions on issues informed by ideology isn’t who she is.”
COREY COOK, POLITICAL SCIENTIST AND PROVOST OF ST. MARY’S COLLEGE

That earned a rebuke from the Los Angeles Times Editorial Board, which wrote in its endorsement of her 2016 Senate candidacy that Harris “has been too cautious and unwilling to stake out a position on controversial issues, even when her voice would have been valuable to the debate.”

What some critics call prevarication or flip-floppery, her supporters call pragmatism. Those are just two ways of describing the same quality, said Corey Cook, a political scientist and provost at St. Mary’s College, and a longtime observer of San Francisco politics.

“She’s not an ideologue,” he said, meaning rather than stake out the boldest, ideologically-coherent agenda, she tends to focus on individual fixes to specific problems. Hence the “3am agenda” of her presidential campaign, a collection of policy changes designed to address the problems that keep the average voter up at night.

“The idea that she would have consistent positions on issues informed by ideology isn’t who she is,” said Cook. Harris may appear to pick her battles, he said, because for her “the only lasting solutions are going to be the ones that are able to sustain a majority coalition of support.”

4. Making a mark: sex crimes, domestic violence, child abuse

Harris has never shied away from the “tough on crime” label when it comes to a certain class of criminals: domestic violence perpetrators, child abusers and sex traffickers.

After nearly a decade in Alameda County and a short stint as a deputy district attorney in San Francisco (she left, calling the leadership there “dysfunctional”), in 2000, Harris joined the San Francisco city attorney’s office under Louise Renne.

Renne said she was looking for someone to head the office’s Child and Family Service unit, which investigates child abuse cases. This was not considered a prestigious post. Prosecutors inside the unit had taken to calling it “kiddie law.”

Renne thought Harris, who had focused on child abuse and sexual exploitation cases in Alameda County, would be a good fit.

“She comes into my office and says ‘Come on, Louise, we’ve got to go over to court. There are going to be adoptions today,’ and she had all these teddy bears.”
LOUISE RENNE, FORMER SF CITY ATTORNEY

That instinct was confirmed on Harris’ first day on the job, Renne said, when a number of children who had been separated from their parents were formally adopted into new families.

“She comes into my office and says ‘Come on, Louise, we’ve got to go over to court. There are going to be adoptions today,’ and she had all these teddy bears,” Renne recalled. “She knew the occasion. She knew it was an important one and it should be celebrated.”

Harris’ focus on the victims of abuse and exploitation continued after she was elected as San Francisco’s District Attorney.

“I don’t know what the term ‘teenage prostitute’ means. I have never met a ‘teenage prostitute.’ I have met exploited kids,” Mesloh, then Harris’ communications director, recalls her boss saying at her first all-staff meeting. Harris then ordered her prosecutors not to use the term in court. A year later, Harris sponsored a bill putting the crime of human trafficking into the state criminal code.

Some Democrats say Harris’ prior life as a prosecutor with a focus on sex crimes would be a key advantage in a potential general election contest against Trump, who has been found liable in a civil case for sexual assault and recently became the first former president to be convicted of a felony. In that case, the 34 counts were related to the falsifying of business records in connection to an alleged sexual encounter with a pornographic film actress.

But using the full force of the law to penalize pimps, traffickers and other abusers has earned Harris some criticism from civil libertarians and from advocates for sex workers.

In one of her final acts as California’s attorney general, Harris had the CEO of Backpage.com, Carl Ferrer, arrested on pimping charges. Backpage was an online classifieds site known for its “adult services” section, which prosecutors had long warned served as a marketplace for sex traffickers.

The arrest was based on a contentious legal argument that pit anti-trafficking fervor against the First Amendment. Since Backpage was merely a platform for ads, its lawyers argued, it was protected by the same law that protects Google from being held liable for illicit websites listed in its search results. A superior court judge agreed and threw out the case, though an amended charge, pursued by Harris’ successor, then-Attorney General Xavier Becerra, led Ferrer to plead guilty to money laundering and conspiracy to facilitate prostitution and to the shuttering of the site.

5. The Harris mantra: ‘Smart on Crime’

One of the reasons Harris became known as a rising-star District Attorney was her focus on prevention, which she explained in her book, Smart on Crime, written in 2009, the year before she ran for attorney general.

“Public health practitioners know that the most beneficial use of resources is to prevent an outbreak, not to treat it,” Harris wrote. “Instead of just reacting to a crime every time it is committed, we have to step back and figure out how to disrupt the routes of infection.”

Former San Francisco District Attorney Kamala Harris on June 18, 2004. Photo by Marcio Jose Sanchez, AP PhotoKamala Harris as San Francisco District Attorney on June 18, 2004. Photo by Marcio Jose Sanchez, AP Photo

Harris’ “Back on Track” program, considered the most successful implementation of this idea, redirected first-time, non-violent drug offenders into supervised education, job training courses, therapy sessions and life skills classes. It was a modest program, but a novel one compared to what most other big city law enforcement officers were doing in 2005.

“In that time period, I think that she was a radical,” said Mesloh. The program has since been emulated by cities around the country. When Harris became attorney general, she launched a similar pilot program for Los Angeles County.

Harris’ focus on prevention produced some of her key accomplishments as district attorney. But in the context of the 2020 presidential primary, some of those same accomplishments struck many critics on the left as overly punitive.

The year after launching Back on Track, Harris introduced an anti-truancy initiative. Based on a statistical correlation that chronic class skippers are more likely to be both perpetrators and victims of homicide, Harris’ office began threatening the parents of persistently absent students with prosecution.

Harris has been quick to point out that the “stick” in this carrot and stick approach only came out after a series of escalating interventions, including mandatory meetings with school staff and social workers. No one went to jail under the program, though a handful of parents were fined. Within a few years, city truancy rates fell by a third and Harris took credit.

In 2010 her office sponsored a bill to take the program statewide. In the hands of other district attorneys, the statute was used in at least a handful of cases to put parents behind bars. Critics have said that the policy has been disproportionately wielded against poor parents of color.

In a 2019 interview, Harris said she regretted any “unintended consequences” of the state law.

6. Harris has (almost) always opposed capital punishment

Her opposition to the death penalty has been one of the most controversial stands in her career, but it’s also an example for those who criticize her lack of consistency.

On April 10, 2004, three months after her inauguration as San Francisco’s new district attorney, 29-year-old police officer Isaac Espinoza was gunned down by a 21-year-old with an AK-47. Three days later, Harris made good on a campaign promise and vowed not to seek the death penalty for the shooter. David Hill was later convicted of second-degree murder and sentenced to life without the possibility of parole.

The decision engendered a predictably fierce backlash from the police union and rebukes from politicians. “This is not only the definition of tragedy,” Sen. Dianne Feinstein said at Espinoza’s funeral, “it’s the special circumstance called for by the death penalty law.” The assembled officers cheered while Harris remained seated.

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Some of Harris’ critics say she has wavered in tougher political circumstances.

In 2014, when a federal court judge ruled that California’s administration of the death penalty was unconstitutional, Harris appealed the decision as state attorney general, arguing that it was “not supported by the law.”

Harris later said that she was obligated to defend capital punishment as the legal representative of the state. Many have pointed out that she was happy not to defend a constitutional ban on same-sex marriage that voters passed in Proposition 8 when it was challenged a year earlier. Harris’ response: She was merely reflecting the position of her client, Gov. Jerry Brown’s administration.

She also explained that the judge’s ruling, which held that the long delays between sentencing and execution in California amounted to “cruel and unusual punishment,” could be used to justify speeding up the state’s system of capital punishment.

7. Prosecutorial overreach controversies

Both as district attorney and as state attorney general, Harris led offices that criminal justice advocates say was overly aggressive in pursuing convictions and lacked transparency in a way that belies Harris’ brand as a “progressive prosecutor.”

In March 2010, just as Harris was campaigning to become California’s attorney general, San Francisco authorities shut down a police department crime lab in the city’s Hunters Point naval yard. A technician named Deborah Madden was accused of skimming drugs, raising broader questions about the lab’s ability to appropriately handle evidence in criminal cases. (Madden later pleaded guilty).

Harris immediately dismissed 20 drug cases, but the number eventually grew to over 1,500after documents showed that prosecutors within Harris’ office had known about Madden’s potential unreliability months before the lab was closed, but had neglected to tell defense attorneys.

A superior court judge later excoriated Harris’ office, writing that the violations infringed on the defendants’ constitutional rights.

Afterward, Harris formed a unit to handle the sharing of evidence with criminal defense attorneys. She has also said that she did not know about the problems at the crime lab until after the scandal blew up.

But that hasn’t done much to assuage the concerns of critics who say Harris had a tendency toward prosecutorial overreach, which continued once Harris became the state’s attorney general.

Kamala Harris is sworn in as California’s attorney general on Jan. 6, 2011. Photo via the Office of the Attorney General of California.

In 2015, for example, lawyers for an inmate convicted of murder attempted to have the case thrown out after new evidence suggested that Riverside County prosecutors lied on the stand during the initial trial. Harris’ office, representing the state prison system, resisted, only backing down after footage of one of her deputies being eviscerated by three federal judges went viral.

A spokesperson for her since-abandoned presidential campaign said Harris ordered her office to drop the challenge as soon as “she became aware” of the case.

Critics point to other examples. There was her office’s decision to defend a molestation conviction that local prosecutors had secured with a false confession.

Asked about that case, the spokesperson said that it was “long-standing practice” for prosecutors within the Californian Department of Justice to file legal motions without the express approval of the Attorney General, implying that, again, Harris was not aware that her office was making the argument. But in this case, the spokesperson added, state prosecutors believed “the original case…was valid and that the victim in the case deserved justice.”

Another example: her office’s refusal to take over a 2011 Seal Beach mass shooting case after a judge recused the entire Orange County District Attorney’s office for widespread prosecutorial misconduct. Harris defended her decision: “it was being handled at the local level.”

Such a track record is to be expected of any prosecutor, said Sally Lieber, who worked with Harris on human trafficking legislation while representing Mountain View in the state Assembly.

“It is an adversarial system and so she was filling a particular role, but I think that she was able to do it in a very sophisticated, smart and responsive way,” she said.

8. As California’s AG: Playing hardball

Harris’ biggest accomplishment while California’s attorney general was to secure a financial settlement with some of the country’s largest banks accused of illegally foreclosing on homeowners.

In September 2011, Harris pulled out of ongoing negotiations between attorneys general from nearly every US state and the five banks, calling the proposed deal of $2-to-$4 billion “crumbs on the table.”

Harris was not the first attorney general to walk away, but the departure of the country’s largest state seemed to have its intended effect.

A few months later, with California back in the mix, a new deal was struck. This time, California got $20.2 billion in debt reductions and direct financial assistance.

Still, some consumer groups and outside experts were critical of the deal, arguing that the banks would have been forced to write off much of that bad debt eventually. “All sizzle, no steak,” is how Georgetown law professor Adam Levitin put it.

But Harris’ willingness to play hardball did result in a bigger settlement, said Rob McKenna, former Washington attorney general who was part of the negotiations.

“It’s possible for states to overstate the impact they had on the final settlement. The former New York Attorney General (Eric Schneiderman) would sometimes make claims about the settlement and improvements he had obtained,” he said. “But it’s fair to say that Attorney General Harris negotiated and obtained some improvement in the settlement for California.”

9. Kamala the campaigner

Harris launched her 2020 presidential campaign high on fanfare and hype, only to flame out less than a year later before even making it to Iowa. It was a historically stark underperformance from a candidate that many Democratic insiders believed would be a formidable contender.

In California, Harris’ electoral track record has been mixed.

Her first spin on the campaign trail was a superlative success. In her 2003 race for San Francisco District Attorney, she pushed out a two-term incumbent and won more votes than any other candidate running for a city-wide office that year.

Harris’ first run for statewide office didn’t go quite smoothly. Her race for Attorney General against Republican Steve Cooley wasn’t called until weeks after Election Day. Yes, Harris won. But she did so by less than a percentage point.

Now, after 18 years in which not a single Republican has won statewide office in California, it’s easy to look back at that nail-biter of an election and see an early sign of Harris’ weakness as a candidate. But at the time, the calculus was a little different. Cooley, a relative moderate, was considered the favorite to win against Harris, a San Francisco liberal. This was 2010, which proved to be a historic landslide election for the GOP. The fact that Harris eked it out despite those headwinds, and as the first woman and person of color to hold that office no less, cemented her status as a rising star in the Democratic Party.

Gov. Gavin Newsom and Democratic vice presidential candidate Sen. Kamala Harris talk as they asses the damage during the Creek Fire at Pine Ridge Elementary on Sept. 15, 2020, in Auberry. Photo by Gary Kazanjian, AP PhotoGov. Gavin Newsom and Democratic vice presidential candidate Sen. Kamala Harris talk as they assess the damage during the Creek Fire at Pine Ridge Elementary on Sept. 15, 2020, in Auberry. Photo by Gary Kazanjian, AP Photo

Also rising was Gavin Newsom. The two were San Francisco friends and ran in the same social circles even before their political careers ignited. They share the same political consultants. And when the two most prestigious California elective offices opened up — for governor and U.S. senator — they sidestepped a ballot rivalry when she successfully ran for the Senate, as did he for governor.

Newsom has said — and recently reiterated — that he would not challenge Harris for the Democratic presidential nomination should Biden withdraw. Although Newsom’s name frequently appears on lists of hypothetical Biden replacements, Biden’s endorsement indicates she is the heir-apparent.

This story incorporates prior reporting and interviews from CalMatters’ 2020 election coverage.

Why Nancy Pelosi was key to nudging Biden out: 'For her, it’s all about winning'

This story originally appeared at CalMatters.

When the dam of discontented Democrats calling upon President Joe Biden to suspend his flagging presidential campaign finally broke last week, Rep. Nancy Pelosi was standing at the floodgates.

Pelosi stepped down from being speaker of the House in 2022. Technically, that makes her a mere congressional backbencher from San Francisco, just one member, well into her 80s, among 212 other Democrats in the House of Representatives. That she has played such a pivotal role, mostly out of the spotlight, in convincing, badgering and pressuring Biden to end his campaign — a decision he announced in a letter today — may surprise some.

Longtime allies and observers of the former House speaker say it shouldn’t. This, they say, is who Pelosi has always been.

“She is very much a behind-the scenes vote-counting tactician. That’s what she’s good at. She knows how to win,” said Marc Sandalow, the former Washington bureau chief for the San Francisco Chronicle whose Pelosi biography “Madam Speaker” debuted shortly after she was elected to lead the House in 2006.

Pelosi was early to publicly voice concerns about the viability of Biden’s campaign after a disastrous late June debate performance. When Biden attempted to slam the door shut on that discussion, it was Pelosi who subtly, but very publicly, nudged the door back open. When vulnerable congressional Democrats began fretting that a flagging Biden would drag them down come November, Pelosi reportedly offered to be a sounding board and repository of their complaints. When Rep. Adam Schiff came out last week as the most high-profile Democrat yet to call on Biden to exit for the sake of the party and country, many saw in it the handiwork — or at least, the tacit approval — of Pelosi, Schiff’s mentor and political benefactor. And when it came time to deliver the unwelcome pitch and tell Biden that his hopes for reelection were faint, it was Pelosi who reportedly gave him a dispassionate analysis of the polls, even as she remained evasive in her public statements.

For a storied political strategist, this may be the last play in a career of gambits. In triggering a risky and entirely unprecedented electoral reset for the Democratic Party so close to a presidential election that many voters believe is pivotal for the future of American democracy, it also may be her most consequential.

Sandalow is now a faculty member at the University of California Washington Center and stressed that he has no specific knowledge of Pelosi’s activities over the last month. But he sees a familiar character in the speaker emerita working the phones and guiding Biden to the exit based on an unsentimental reading of the electoral environment.

“By all accounts, she has great affection for Joe Biden,” said Sandalow. “But for her, it’s all about winning.”

Politics in the blood

“Cold-blooded,” or some synonym of the term, comes up a lot when discussing Pelosi’s political reputation. It’s usually meant as a compliment. It’s a term that Pelosi has proudly applied to herself. That, or a synonym.

“I’m more reptilian,” she told CNN’s Anderson Cooper last year, describing the 2022 midterms. “Cold-blooded. To win the election.”

For Pelosi, any consideration of ideology is always tempered by electability. That’s sharply at odds with the caricature that Republicans and conservative media constructed around her during her years as speaker: the embodiment of San Francisco’s lefty politics and out-of-touch elitism. Pelosi’s personal views do tend to run progressive, but her leadership was never rooted in her policy preferences, said John Lawrence, her former chief of staff who now also works at the UC Washington Center.

“People have this mistaken notion of her as some sort of a zealous ideological warrior,” he said. “Her power, her strength, her reputation comes from the fact that she has a cold-blooded way of analyzing the facts, of taking her personal ideology or her personal aspirations out of the equation, and making decisions based on what is feasible.”

Many who know Pelosi’s life story attribute that to her upbringing.

Her father, Tommy D’Alesandro Jr., was a state legislator turned congressman turned Baltimore mayor — a committed New Deal liberal. Growing up in the city’s Little Italy, Pelosi’s childhood home also served as a community meeting place, campaign headquarters and constituent services center. When her older brother was elected mayor of Baltimore, few were surprised.

But coming of age as a woman in the 1960s, Pelosi’s political career was much less of a sure thing. All the more so when she married Paul Pelosi, losing her politically prized last name, and then moved with him to San Francisco, a town where “D’Alesandro” didn’t open many doors anyway.

From her perch in the city’s ritzy Presidio Terrace neighborhood, she still managed to start climbing the rungs of California Democratic political power — first as a fundraiser, then a city party leader, then chair of the California Democratic Party. All the while, she raised five kids.

“She had the disadvantage in some ways of being a very attractive, wealthy San Franciscan,” said Lawrence, which some in the city’s male-dominated political class took to mean that she was a lightweight. “I don’t think that lasted very long,” he said.

Nothing about Pelosi suggested that she would be a strong campaigner of the handshaking, baby-kissing variety. She regularly described herself as shy. Her gender remained a liability. But when Rep. Sala Burton, the wife of the late Rep. Phillip Burton, lay on her deathbed, it was “Nancy” she named as her hoped-for successor.

The Burton political machine that had dominated local politics for 24 years. Reporter John Jacobs described the made-for-TV-movie scene in his Phillip Burton biography, “A Rage for Justice”:

An independently wealthy resident of Pacific Heights who was at home in some circles where it was impolite to mention Phillip’s name, Pelosi seemed an odd choice. But this daughter of one congressman from Baltimore and sister of another was a partisan, liberal Democrat to her core.
From her sickbed, Sala questioned Pelosi closely on whether she was truly interested in the job. She would be 2,500 miles from her husband and five children; the hours would be long and grueling. Was Nancy Pelosi fully committed to serve? She looked at the dying woman and said, “I expect you to get well. If you do not, I would be honored to succeed you.”

John Burton, the last member of the Burton dynasty, saw another reason why Pelosi would be a smart pick. She was, in his words, “operational,” someone who could get things done (the notoriously profane Burton would not have used the word “things.”)

With him running her campaign, Pelosi won her first seat in 1987, her first and only close election. In the primary, she narrowly edged out Harry Britt, a socialist and political successor to Harvey Milk, who had the backing of organized labor, environmental activists and much of the gay community. But Pelosi had the San Francisco machine on her side, including then-Assembly Speaker Willie Brown. The Los Angeles Times reported that Pelosi spent more than her 13 opponents combined. Her role as political insider had its perks once she arrived in D.C. too. She already knew roughly half of the members of the Democratic delegation by name. Many had been at her home for fundraisers.

She would go on to become the first and only female House speaker and shepherd through landmark legislation, including the Affordable Care Act known as Obamacare. Along the way, she nurtured the political careers of younger Democrats. Among them are two Californians who’ve been prominently mentioned as potential Biden replacements: Vice President Kamala Harris and California Gov. Gavin Newsom — both of whom remained publicly loyal to Biden until the bitter end.

This month, as Pelosi worked with Senate Majority Leader Chuck Schumer and her successor, minority leader Rep. Hakeem Jeffries cajoled Biden to close out his campaign, her personal and political connections to the rest of the House Democratic caucus were the source of her credibility and power, he said.

“She’s very much in the tradition of the smoke-filled backroom politician,” Sandalow said — minus the smoke. “There are still scores of House Democrats who owe their success to her…So the idea that she has enormous influence shouldn’t surprise anybody.”