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How DEI Policies are Shaping Organ Transplant Criteria in Healthcare
A new legal battle is erupting as America First Legal takes aim at federal health agencies over alleged race-based organ transplant criteria. The group accuses the Biden administration of pushing DEI policies that could determine who lives and who dies—not based on need, but on identity.
Legal Fight for Transparency
America First Legal (AFL), founded by former Trump adviser Stephen Miller, has filed a lawsuit demanding answers from the Biden administration. The target? DEI (Diversity, Equity, and Inclusion) policies allegedly influencing organ transplant allocation. AFL’s suit names the Department of Health and Human Services, Centers for Medicare & Medicaid Services (CMS), and Health Resources and Services Administration—all accused of withholding records.
The group argues that a colorblind, medical-based system is under threat from politically motivated race-based preferences. After a failed FOIA request in 2023, AFL is turning to the courts, insisting that Americans deserve to know whether life-saving organs are being rationed based on ideology, not urgency.
Race vs. Need?
AFL warns that “equity” policies could warp transplant criteria by giving racial and ethnic factors undue influence over objective medical need. While CMS claims it’s working to improve fairness and access to transplants, AFL says the administration has “infected” the system with race-conscious decision-making.
/1BREAKING — AFL just SUED HHS, CMS, and HRSA to expose an ILLEGAL Biden-era plan to give out organ transplants based on RACE and ETHNICITY — not medical need.
DEI in healthcare is DEADLY. pic.twitter.com/qMgo4cvOk8
— America First Legal (@America1stLegal) July 2, 2025
“The Biden Administration infected the federal government with ‘equity,’ replacing traditional principles of fairness and need with race-conscious criteria.” — Will Scolinos, AFL Counsel
President Biden’s Executive Order 13985, signed in 2021, mandates all agencies to address barriers for “underserved communities.” But critics argue that in the life-and-death world of organ transplants, such policies can lead to dangerous consequences—where identity trumps medical urgency.
The Stakes Couldn’t Be Higher
With thousands of Americans on transplant waiting lists, AFL says this fight is about preserving trust in the fairness of the healthcare system. The group is calling for full disclosure from the administration and a return to merit-based criteria that save lives—regardless of race, gender, or political pressure.
MAGA law group fights to expose how Biden's DEI agenda may have tainted life-saving organ transplants https://t.co/tTuB61RfAd
— Fox News (@FoxNews) July 2, 2025
“We want transparency. We want fairness. And we want to make sure critical health decisions aren’t being hijacked by ideology.” — America First Legal
As this lawsuit unfolds, it taps into a larger national debate about how far DEI should go—and whether it belongs in life-or-death decisions at all.
Sources:
HHS Faces Lawsuit over Race-Based Organ Transplant Reforms Under Biden
MAGA law group fights to expose how Biden’s DEI agenda may have tainted life-saving organ transplants
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