Nov 17, 2024 Story by: Editor
NASHVILLE, Tenn. — A Virginia-based nonprofit opposing diversity initiatives in medicine has filed a federal lawsuit contesting the racial representation requirements for key medical boards in Tennessee.
Do No Harm, which filed the lawsuit earlier this month, has now launched its second legal challenge in Tennessee within a year.
In 2023, the group filed a similar federal lawsuit aiming to overturn a state requirement mandating that one member of the Tennessee Board of Podiatric Medical Examiners be a racial minority. Although that case was dismissed in August, the group has appealed to the 6th Circuit Court of Appeals.
The latest lawsuit targets the Tennessee Board of Medical Examiners and the Board of Chiropractic Examiners. Current regulations require the governor to appoint at least one Black member to the medical board and one racial minority member to the chiropractic board.
Do No Harm, represented by the Pacific Legal Foundation, argues that their clients were denied board appointments because they are not minorities.
“While citizens may serve on a wide array of boards and commissions, an individual’s candidacy often depends on factors outside his or her control, like age or race,” the lawsuit states. “Sadly, for more than thirty-five years, Tennessee governors have been required to consider an individual’s race when making appointments to the state’s boards, commissions, and committees.”
Neither the medical nor chiropractic boards responded to requests for comment on Thursday. Tennessee Governor Bill Lee, who oversees state board appointments, is named as the defendant. His office declined to comment, citing ongoing litigation.
The racial and age-related representation requirements were established more than 35 years ago when the Tennessee Legislature enacted laws urging governors to “strive to ensure” that at least one member of state advisory boards is aged 60 or older and one member is a racial minority. However, Do No Harm’s lawsuit does not challenge the age-related requirement.
According to the suit, there are two vacancies on the Board of Medical Examiners. Since all current members are white, the lawsuit alleges that Gov. Lee “must consider a potential board member’s race as a factor in making his appointment decisions.”
Do No Harm was founded by Dr. Stanley Goldfarb, a retired kidney specialist and former associate dean at the University of Pennsylvania’s medical school. Since its incorporation in 2022, the group has focused on opposing race-based initiatives.
In 2022, Do No Harm sued Pfizer over its race-based eligibility requirements for a fellowship program designed for Black, Latino, and Native American college students. While the lawsuit was dismissed, Pfizer ultimately discontinued the program. Source: News Channel 9
