America First Legal Files Lawsuit against Federal Agencies

America First Legal (AFL) has initiated legal action against three federal agencies, alleging they failed to adequately address requests for information concerning discriminatory practices within the national organ transplant system under the Biden administration.

The lawsuit targets the Department of Health and Human Services (HHS), the Centers for Medicare and Medicaid Services (CMS), and the Agency for Health Resources and Services (HRSA). It seeks internal documents linked to the introduction of “stolen” measures in the Organ Procurement and Transplant Network (OPTN). This follows an executive order issued by President Biden on January 20, 2021—focused on uncovering the significant human consequences of systemic racism, ongoing poverty, and various disparities in federal agencies and programs.

Will Scorinos, an AFL attorney, stated, “The Biden administration has polluted the federal government with ‘equity,’ substituting traditional equity and needs with race-focused criteria. AFL is committed to exposing the full extent of these DEI policies from the Biden era and will persist in efforts to restore Color-Blind Healthcare.”

AFL had submitted a Freedom of Information Act (FOIA) request to the three agencies on April 3, 2023. They received acknowledgment from all three within a few days, but—despite minimal communication—have yet to obtain the requested documents.

The FOIA, established by Congress in 1966, mandates that all federal agencies must release internal and unpublished documents upon request. Typically, agencies need around 20 business days to respond.

In line with Biden’s Day-One Executive Order, both CMS and HHS issued a public statement on December 1, 2021, seeking community input on promoting equity in organ transplantation. They highlighted that communities of color experience significantly higher rates of hypertension, diabetes, obesity, and heart disease—all of which elevate the risk of kidney disease.

“Organ donations are an invaluable gift, and we owe it to recipients, donors, and their families,” the statement emphasized. The agencies are devoted to engaging all stakeholders in efforts to enhance organ donation and transplant processes, particularly for individuals from historically underserved backgrounds.

On January 27, 2022, HRSA communicated plans to update race and ethnicity data within OPTN records. Later that year, they shared details about a new “modernization initiative,” aimed at improving accountability, equity, and performance in donation and transplant systems.

This lawsuit forms part of a broader AFL investigation into the role of diversity, equity, and inclusion in medical settings. AFL has previously secured commitments from various institutions to eliminate racially biased admissions practices.