Arizona Attorney General Mark Brnovich is asking the U.S. Department of Health and Human Services (HHS) to adopt a rule that would prohibit the use of race or ethnicity when determining who should get medical therapies.  

Background:  Multiple states have begun prioritizing COVID-19 treatments for non-white residents, thanks to guidance from the Food and Drug Administration (FDA).  

The racial discrimination stems from the FDA’s guidance when authorizing monoclonal antibodies and oral antivirals for emergency use. The FDA only authorized these treatments for “high risk” patients, and included race as a factor determining someone to be “high risk.” (per The Daily Wire)  

What Happened: Attorney general Brnovich submitted a petition for rulemaking to HHS to prohibit the use of race or ethnicity when determining who should receive medical treatments.  

“This is another example of President Biden further dividing our country,” Brnovich said in a press release about his petition. “Race-based decisions in the distribution of medicine are a breach of our Constitution and our belief that every patient deserves the highest quality of care.”  

The press release noted that the Administrative Procedure Act (APA) “allows agencies to issue rules and regulations. This is done through the development and publishing of proposed and final rules, allowing for public input into each regulation.”  

What Comes Next: Brnovich also suggested the administration’s guidance could violate the Arizona Civil Rights Act, and told people to file a civil rights complaint with his office if they were the “victim of such discrimination.”