A new colorblind healthcare lawsuit has reignited debate over diversity initiatives in federal health policy. America First Legal (AFL), a conservative legal group, filed a lawsuit against several federal health agencies. The group claims Biden-era diversity, equity, and inclusion (DEI) directives may have altered the nation’s organ transplant system.
Specifically, AFL is suing the Department of Health and Human Services, the Centers for Medicare and Medicaid Services (CMS), and the Health Resources and Services Administration (HRSA). Their goal is to obtain documents related to the Organ Procurement and Transplantation Network (OPTN).
Back in April 2023, AFL submitted a Freedom of Information Act (FOIA) request. They sought records showing how DEI initiatives may have influenced transplant-related policies. Yet, the agencies allegedly failed to provide any of the requested information.
Because of this delay, AFL has now turned to the courts. They are demanding full disclosure and a formal explanation of any withheld material.
“The Biden administration infected healthcare with ‘equity,’ replacing fairness with race-based criteria,” said AFL counsel Will Scolinos. He stressed the need to restore colorblind healthcare and undo race-conscious policymaking in medical systems.
Just days after taking office in 2021, Biden signed Executive Order 13985. This required agencies to assess equity barriers and develop plans to remove them. As part of this, CMS requested public feedback on how to “advance equity” in organ transplants.
CMS highlighted troubling disparities. Black Americans are four times more likely to face kidney failure than White Americans. Latino Americans are 1.3 times more likely. Despite these risks, both groups reportedly have lower transplant rates.
A few weeks later, HRSA announced updates to how race and ethnicity are presented in OPTN data. They said the changes were for clarity, not to alter the data itself. The agency also launched a modernization effort to improve performance and equity in the transplant system.
Nonetheless, AFL believes these steps may reveal a broader, DEI-driven transformation in federal health policy. Their lawsuit outlines repeated delays, vague responses, and ignored deadlines by the government.
“The last administration’s race-focused policies should alarm every citizen,” said Scolinos. He reaffirmed AFL’s commitment to pursuing colorblind healthcare, regardless of legal resistance. The colorblind healthcare lawsuit now moves to the courts. There, judges will decide if the Biden administration must reveal how DEI affected critical medical decisions.
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