MAGA law group seeks records on potential race-based organ transplant policies
A conservative legal group, America First Legal, is taking action to investigate whether the Biden administration’s focus on diversity, equity, and inclusion (DEI) initiatives influenced the nation’s organ transplant system, potentially leading to patients being prioritized based on race. The group has filed a lawsuit against federal health agencies in an effort to obtain documents related to the Organ Procurement and Transplantation Network (OPTN).
The lawsuit targets the Department of Health and Human Services, the Centers for Medicare and Medicaid Services, and the Health Resources Services Administration, seeking to compel them to release documents related to the Biden administration’s efforts to incorporate DEI into the organ transplant system. America First Legal originally filed a Freedom of Information Act (FOIA) request in April 2023 to obtain these documents, but has not received any of the requested information to date, prompting the decision to sue.
According to America First Legal Counsel Will Scolinos, the Biden administration introduced race-conscious criteria into the federal government, replacing traditional principles of fairness and need. The group is determined to uncover the full extent of the Biden-era DEI policies and aims to restore colorblind healthcare practices.
Following Executive Order 13985 signed by former President Joe Biden in 2021, federal agencies were directed to conduct Equity Assessments to identify systemic barriers faced by underserved communities. The Centers for Medicare and Medicaid Services (CMS) issued a request for public comments on advancing equity and reducing disparities in organ transplantation, focusing on improving access to care for minority communities.
Similarly, the Health Resources Services Administration (HRSA) announced changes to the labeling of race and ethnicity information for organ donors on the OPTN website, as part of a modernization initiative to enhance equity and performance in the organ donation and transplantation system.
America First Legal’s lawsuit documents a series of delays, non-responses, and incomplete communications following their FOIA request, leading them to seek a judge’s order for the release of the requested records. The group is also requesting an index of any withheld material and explanations for why it could not be provided.
The Biden administration’s emphasis on DEI in healthcare has raised concerns about the potential impact on the organ transplant system. America First Legal is committed to uncovering and addressing any discriminatory practices that may have resulted from these policies, in order to restore fairness and equality in healthcare.
As the lawsuit progresses, America First Legal remains dedicated to ensuring that healthcare decisions are made based on medical need rather than race or ethnicity. The group’s efforts to uncover the truth behind the Biden-era DEI policies reflect a commitment to upholding the principles of colorblind healthcare and promoting equal access to organ transplantation for all patients.
