Do No Harm Lawsuit Challenges Tennessee’s Racial Quotas for State Boards and Commissions

Nashville, TN; November 8, 2024: Today, Do No Harm, an association of medical professionals, filed a federal lawsuit to stop Tennessee’s unlawful consideration of race in appointments to state boards and commissions.

Tennessee medical practitioners fall under the purview of the Tennessee Board of Medical Examiners, while the state’s Board of Chiropractic Examiners oversees chiropractors.

A requirement of both boards, however, has nothing to do with medicine or chiropractic care, and everything to do with race. Three separate state laws force the governor to consider race when deciding who can serve on these boards.

“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.” 

Tennessee is far from the only state that uses immutable characteristics to limit opportunities for individuals to serve their state and local communities. A report released by Pacific Legal Foundation, Public Service Denied, found that 25 states codify such unconstitutional discrimination. Pacific Legal Foundation is working to defeat race and sex quotas in Tennessee and everywhere else the unconstitutional practice is required.

“Tennessee law forces governor after governor to engage in racial discrimination when making appointments to state boards and commissions,” said Pacific Legal Foundation attorney Caleb Trotter. “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 case is Do No Harm v. William Lee and was filed in the U.S. District Court for the Middle District of Tennessee.