Do No Harm, a medical watchdog group based in Richmond, Va., has sued Louisiana Gov. John Bel Edwards, challenging racial criteria for appointments to the Louisiana State Board of Medical Examiners.
The lawsuit, filed in federal court Jan. 4 by the Pacific Legal Foundation on behalf of Do No Harm, alleges a mandate requiring the governor to exclude non-minority candidates for some positions of the medical board is unconstitutional. It also alleges that the requirement violates the 14th Amendment.
"Do No Harm has members who are Louisiana physicians as well as members who would qualify for appointment to the consumer slot but for their race," the group wrote in its lawsuit, which was accessed by Becker's.
"It brings this lawsuit on behalf of itself and its members to ensure that every doctor and qualifying public consumer in Louisiana has the equal right to serve on the board, and to ensure that the people of Louisiana are regulated by a board that is not selected on the basis of race."
Becker's has reached out to the governor's office and will update this story if a comment is received. Mr. Edwards leaves office Jan. 8, giving way to recently elected Gov. Jeff Landry.
At issue in the lawsuit is a 2018 state law that requires the governor to make at least every other newly appointed board member for three of the physician seats as well as the public consumer seat minority appointees.
The board, which licenses and regulates physicians, has 10 members total. Nine are physician seats chosen from lists submitted by the Louisiana State Medical Society, Louisiana State University Health Sciences Center at New Orleans, Louisiana State University Health Sciences Center at Shreveport, Tulane Medical School in New Orleans, Louisiana Medical Association, Louisiana Academy of Family Practice Physicians and Louisiana Hospital Association. One seat is filled by a member of the public.
In its lawsuit, Do No Harm, a nonprofit group, says the racial mandate prevents qualified potential board appointees from equal consideration for appointment, which violates their 14th Amendment protections. The group seeks a permanent prohibitory injunction preventing the governor from enforcing or attempting to enforce the racial mandate.