Biden’s Race-Based Organ Transplant Policy Triggers Lawsuit by Trump-Linked America First Legal

America First Legal (AFL) is suing several departments over the appalling Biden-era racist organ donor policy that allegedly prioritized transplantations based on skin color.  The lawsuit claims that the Department of Health and Human Services (HHS), the Centers for Medicare and Medicaid Services (CMS), and the Health Resources and Services Administration (HRSA) failed to comply with a Freedom of Information Act (FOIA) request related to the Biden-era racist policy.

AFL filed the FOIA request in April 2023. However, the implicated federal departments repeatedly failed to fulfill it or give a definite timeline. Subsequently, AFL claims it has exhausted all administrative remedies to obtain the information, despite the agencies acknowledging receiving its request.

“Despite acknowledging AFL’s request, these agencies have not produced a single responsive document since the requests were submitted more than two years ago,” stated Attorney Will Scolinos, America First Legal Counsel.

“AFL is now suing to enforce this request and expose the Biden Administration’s plan to prioritize organ transplants based on race and ethnicity instead of clinical need.”

“The Defendants have violated the FOIA by failing, within the prescribed time limit, to reasonably search for records responsive to AFL’s FOIA requests and release nonexempt records,” the lawsuit claims.

The FOIA request aimed “to obtain records related to the Department’s apparent intention to make organs for transplant available based on the race of the recipient, not medical need.”

“The Biden Administration appears to be attempting to push a breathtakingly racist overhaul of the nation’s organ transplant system all in the name of ‘equity,’ the FOIA request stated. It relates to Biden’s Executive Order 13985, dubbed “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government.” It directed all federal agencies to identify and address systemic barriers that affect underserved communities.

The legal foundation sought records related to Biden’s attempt to enhance “equity” in organ transplants under the Organ Procurement and Transplantation Network (OPTN) Modernization Initiative. OPTN claimed that organ donations could be inequitable due to various factors such as race, and thus sought to address those “racial inequalities.”

In 2021, CMS solicited public comments on how to “Advance Equity and Reduce Disparities in Organ Transplantation” in line with Biden’s executive order. CMS alleged inequalities in organ transplants, particularly affecting Black and Latino patients. In March 2023, HRSA also sought to “strengthen accountability, equity, and performance in the organ donation and transplantation system” under the modernization initiative.

HRSA announced new data reporting protocols that would include demographic information, such as race and ethnic background. HRSA collected over 201 gigabytes of data, which likely contains insightful nuggets on the Biden policy.

Meanwhile, AFL claims that donations and transplants that prioritized race, rather than by medical criteria, violated the National Organ Transplant Act of 1984. 

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

“AFL is determined to uncover the complete scope of Biden-era DEI policies and will continue to take decisive actions to restore colorblind healthcare.”





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