Former Trump adviser Stephen Miller is suing the state of New York for prioritizing non-White individuals for specific coronavirus treatments in what he called a blatant violation of the Constitution.
Miller’s organization, America First Legal, is mounting a legal challenge against the state for allegedly favoring non-White patients in the distribution of limited COVID-19 treatments.
The state’s Department of Health released a document in December instructing health care providers to consider race as a risk factor for severe illness when determining eligibility for specific anti-viral treatments that are in short supply, such as monoclonal antibodies and antiviral pills.
“Non-white race or Hispanic/Latino ethnicity should be considered a risk factor, as longstanding systemic health and social inequities have contributed to an increased risk of severe illness and death from COVID-19,” the memo reads.
New York Gov. Kathy Hochul signed legislation declaring systemic racism a public health crisis, and called for greater equity in public health. (AP Photo)
Miller denounced the provision on “Tucker Carlson Tonight,” saying the “American experiment is dead” if health care providers can discriminate on the basis of race.
“In the context of New York, we are seeing decisions about life and death a medical care being made according to race and skin color,” Miller said. “If this is allowed to survive, if this policy is allowed to endure, then in a very real sense our Constitution ceases to be the supreme law of the land and instead becomes the relic of a fallen civilization. That’s how big the stakes are in this fight.”
“If you get to a point in this country where your health care for your loved ones, for your family, your children, your grandparents, will be decided based on what country your ancestors come from, what they look like, what their skin tone is, then the American experiment is dead.”
Author and former U.S. Assistant Attorney Andy McCarthy expressed a similar sentiment in a previous interview with Fox News, where he urged the Department of Justice to investigate the legal basis of the memo.
Merck & Co.’s antiviral medication. (Merck & Co. via AP, File)
Miller said the memo represents the left’s desire for “unlimited government power.”
“The power of life and death over innocent people because of how they look, you are talking about fascism. There is no other word to describe this,” he said. “Racist fascism. It’s using totalitarian power to advance a racist agenda. American liberalism, small ‘L ,’ the idea of the individual having innate dignity, innate worth and innate rights, that’s dead and gone if this is allowed to and spread across the entire health system.”
Miller directed concerned New York physicians and residents to his website AFlLegal.com.
“Get in touch with us to help us fight back.”