America First Legal (AFL) sued the Department of Health and Human Services (HHS), Centers for Medicare & Medicaid Services (CMS), and the Health Resources Services Administration (HRSA) to compel the release of records related to the Biden Administration’s infusion of “equity” into the nation’s organ transplantation system.

President Autopen was providing organs based on skin color. President Biden signed Executive Order 13985, “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government,” to institutionalize his administration’s “diversity, equity, and inclusion” (DEI) agenda across the federal government.

As a result, in January 2022, HRSA announced new data reporting protocols to highlight the race and ethnicity of transplant recipients. Two months later, HRSA announced a “modernization initiative” that would “strengthen … equity … in the organ donation and transplantation system.”

On April 3, 2023, AFL filed a Freedom of Information Act (FOIA) request seeking documents relevant to the Biden Administration’s plans for infusing racial equity into the organ transplantation system. The agencies produced nothing. The evidence suggests the Biden administration prioritized organ transplants based on race and ethnicity instead of clinical need.

This lawsuit is part of AFL’s broader campaign to dismantle the Biden Administration’s DEI infrastructure and restore Merit-Based Medicine to America’s healthcare system.

“The Biden Administration infected the federal government with ‘equity,’ replacing traditional principles of fairness and need with race-conscious criteria,” said Will Scolinos, America First Legal Counsel.

They based healthcare on immutable characteristics and it is wholly un-American and racist.

When I was in the ER with an infection in December 2022, they stuck us all in the vestibule where the ambulances brought in people every few minutes. It was the dead of winter. The nurse came out and said she was looking for BIPOCs and only selected the nonwhite people for care. Meanwhile, an older man with asthma and COVID was suffering in the cold vestibule. He is white and I always wonder if he survived as they brought in people who weren’t anywhere near as sick as he was.

Read the complaint here.