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Jul 3, 2025  |  
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Victoria Taft


NextImg:Race-Based Organ Transplants in Biden Era Flipped DEI to DIE

We thought refashioning DEI to DIE was a sardonic joke, but alas, in his haste to make nearly everything in American life race-based, President Joe Biden is believed to have put "equity" over medical need in the nation's organ transplant system. And then his people hid the documents that would prove it.

America First Legal Foundation (AFL)  is suing the Department of Health and Human Services (HHS), the Health Resources and Services Administration, which oversees transplants, and the Center for Medicare and Medicaid for those documents pertaining to the Biden administration's DEI changes to the organ transplant program. The civil rights legal organization has been asking for pertinent documents since 2023 to find out to what extent the Biden administration used these DEI requirements in doling out life-saving organs.

The legal foundation criticized HHS for "trying to push through an arbitrary and breathtakingly racist once-in-a-generation overhaul of the nation’s organ transplant system."

The president of AFL, Gene Hamilton, said that the Biden administration "was so obsessed with 'equity' that it devised all kinds of plans to turn the United States into a country where nearly everything is allocated — public and private sectors — based on race. INCLUDING ORGAN TRANSPLANTS." 

Do we have to add that it is completely contrary to the American idea of equality under the law, not to mention medical ethics (to the extent they exist), to do this?

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On the day he was sworn in, Jan. 20, 2021, Biden signed Executive Order 13985, “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government.” One year later, the HRSA, the government entity that oversees the organ program, put it into play.

Since its inception, the organ donation program has prioritized recipients who most need and can medically withstand an organ transplant. AFL's legal action notes, "The Act makes no allowance for consideration of race in allocating organs for donation. Rather, it requires the OPTN to maintain 'a national list of individuals who need organs” and “establish ... medical criteria for allocating organs.' It further requires each organ donation organization operating under the OPTN allocate organs “according to established medical criteria."

After chopping up the organ donation program to substitute race-based recipients over those with medical need, America First Legal characterized how the program had changed.

On January 27, 2022, HRSA announced that it was changing how it would report data on organ transplantation to provide more detail about the racial and ethnic background of transplant recipients. And on March 22, 2023, HRSA announced a“Modernization Initiative,” including “a plan to strengthen ... equity ... in the organ donation and transplantation system.” Since the passage of the Act, the only OPTN contracted with HHS to administer the nation’s organ transplantation network has been the non-profit United Network for Organ Sharing (“UNOS”). The Modernization Initiative specifically seeks to “break up [UNOS] ... as part of an effort to ... address racial inequities.”

AFL called the Biden administration's changes in the system "arbitrary and breathtakingly racist once-in-a-generation overhaul of the nation’s organ transplant system" and warned that "there is a clear and present danger that Biden’s HHS, HRSA, and CMS plan to allocate donated organs based on the race of the recipient  rather than on medical criteria as Congress has required."

How incredibly grotesque and illegal. How many people died waiting for an organ transplant because they had the wrong skin color? 

Considering how transparent the Trump administration has been in declassifying and releasing documents, the president will, we hope, compel the deep staters to get with the program and release these. We need to know how deadly DEI has been to the American experience, and we must never let this outrageous racism of the left succeed again. 

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