A federal lawsuit has been filed against the state of Tennessee, challenging laws that require the governor to consider race when appointing members to state medical and chiropractic boards.
“Tennessee law forces governor after governor to engage in racial discrimination when making appointments to state boards and commissions,” Pacific Legal Foundation attorney Caleb Trotter said in a press release. “Using race to make appointments to government boards is not only demeaning and unconstitutional, but it undermines the distinctive spirit of the Volunteer State by precluding opportunities for Tennesseans to serve their local communities.”
The suit, filed in the U.S. District Court for the Middle District of Tennessee on Nov. 8, specifically targets three state laws that mandate racial considerations in appointments to the Tennessee Board of Medical Examiners and the Tennessee Board of Chiropractic Examiners.
Under these laws, the governor is required to “strive to ensure” that at least one person serving on each board is a member of a racial minority.
According to the lawsuit, there is currently a vacancy on the seven-member Tennessee Board of Chiropractic Examiners that has been open since May 1, 2024, with a temporary holdover filling the position until a new appointee is selected.
The board’s six other members are all Caucasian, which, under the existing laws, allegedly compels the governor to consider race as a factor in the appointment process. This means giving preference to candidates from racial minority groups to fulfill the statutory requirement for diversity on the board.
A similar situation exists on the Board of Medical Examiners, where Do No Harm claims that state law requires Gov. Bill Lee to appoint “at least one African American” to this board after two vacancies opened up in May.
“State medical boards are given important responsibilities to oversee the quality of care in their state and the safety of patients,” said Do No Harm Chairman Dr. Stanley Goldfarb. “It is crucial that they be the most qualified physicians available. Like all aspects of healthcare, patient safety and patient concerns should be primary, not the skin color or the racial makeup of any oversight committee.”
The lawsuit alleges that these racial quotas serve no legitimate government purpose and are demeaning to individuals who are qualified to serve on the boards but may be disfavored due to their race. The plaintiffs argue that the laws violate the Equal Protection Clause of the Fourteenth Amendment.
The lawsuit also notes that Tennessee is not alone in using immutable characteristics to limit opportunities for individuals to serve in state and local governments.
That case was dismissed in August by a federal judge, who ruled that the plaintiffs lacked standing because they could not demonstrate a concrete and imminent injury. Do No Harm has since appealed the decision, and the case is currently proceeding through the appeals process.
The governor’s office did not respond to a request for comment on the lawsuit by The Epoch Times prior to publication.
