New Mexico latest state to face legal action over race-based COVID treatments

New Mexico is facing possible legal action from an organization that aims to overturn the state's controversial health care rationing policies, which allegedly uses skin color as a basis to decide whether to provide treatment.

America First Legal Fund, a conservative group, has issued a warning to the state of New Mexico to cease all discriminatory practices regarding COVID-19 health care. The legal group has threatened with a lawsuit if the state does not comply.

"We sent a legal warning and letter of potential legal action to the state of New Mexico, who has likewise issued discriminatory COVID-rationing policies. This is something that is a core mission of ours," said Stephen Miller, former adviser to President Trump and director at America First Legal Fund.

New Mexico's policy is not a new one — the same race-based care rationing has been implemented and overturned in Minnesota, New York and elsewhere.

"[New York] issued a decree rationing COVID medicine on the basis of race, where two people otherwise medically identical, but one was Caucasian and one was not, the Caucasian would not be able to access the medical treatment," Miller said. "This is unthinkable in America."