Dear Friend,

Today, I sent a letter with Rep. Jim Jordan (OH-04) and 14 House Judiciary Republicans to Attorney General Merrick Garland, demanding that the Department of Justice (DOJ) confront the U.S. Food and Drug Administration’s (FDA) race-based guidance for allocating life-saving monoclonal antibody treatments.

TWEET: Judiciary Republicans are demanding AG Garland take action

You may remember that last week, I authored a letter to FDA Acting Commissioner Dr. Janet Woodcock, along with 30 of my House colleagues, concerning this very same guidance from Biden’s FDA. In sum, the Biden Administration issued guidance to states outlining how health care providers should distribute monoclonal antibody treatments, not based on medical need, but on the basis of race.

There’s no other way to put it, the Biden Administration’s guidance divides Americans by race in violation of the 14th Amendment of the Constitution. They want to prioritize race over high-risk medical conditions when allocating life-saving treatments.

An even bigger problem is that based on this guidance, several states such as New York, Minnesota, and Utah, have already implemented this discriminatory policy.

“These shocking displays of racial discrimination run counter to the principles we hold dear as Americans,” my colleagues and I wrote to AG Garland. “The Fourteenth Amendment to the Constitution provides that no State shall 'deny to any person within its jurisdiction the equal protection of the laws.’ Unfortunately, the inhabitants of these states are receiving different treatment from their own state governments based in no small part on their racial background.”

“That is simply un-American. Racism is an evil that our country has fought against for generations, and we must stand up for the rights of all Americans to receive equal protection under the law.”

TWEET: There’s nothing more un-American than Biden’s FDA guidance

No one should be denied life-saving treatments due to their race. It really is that simple. Worse yet, states are already rationing monoclonal antibody treatments due to the Biden Administration's horrific decision to federalize the entire supply. Simply put, this administration’s radical politics are putting Americans’ lives at risk.

The DOJ must step in to protect Americans from such unlawful discriminatory practices. I am demanding Attorney General Garland to take action on this issue.

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