Wednesday, July 02, 2025

America First Legal Sues HHS, CMS, and HRSA Over Biden-Era Scheme to Prioritize Organ Transplants Based on Race and Ethnicity

America First Legal (AFL) has filed suit against the Department of Health and Human Services (HHS), Centers for Medicare and Medicaid Services (CMS), and the Health Resources and Services Administration (HRSA) for failing to comply with a lawful Freedom of Information Act (FOIA) request related to the Biden regime’s push for racially discriminatory organ transplant policies.

According to the complaint, AFL submitted a FOIA request in April 2023 seeking records related to the Biden regime’s “equity” agenda infiltrating the nation’s organ donation system.

At the heart of the legal battle is President Biden’s February 2023 executive order directing all federal agencies to embed “equity” into their operations. HHS and its subordinate agencies responded by advancing race-based audits, race-conscious data reporting, and a “Modernization Initiative” that includes plans to break up the United Network for Organ Sharing (UNOS) — the non-profit entity responsible for administering the national organ transplant system — for the alleged purpose of addressing “racial inequities.”

AFL warns this is not just bad policy — it’s unlawful. Under the National Organ Transplant Act of 1984, organ allocation must be determined by medical criteria, not skin color.

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