Texas and Oklahoma are suing the Biden administration over a public health rule they argue illegally gives power to the World Health Organization (WHO), according to a copy of the complaint obtained by the Daily Caller News Foundation.
The states accuse the Department of Health and Human Services (HHS) of “unlawfully” delegating the authority to declare a public health emergency in the U.S. to the WHO, according to a copy of the complaint. The plaintiffs assert that a 2017 rule relinquishes HHS authority to the WHO to determine when there’s a public health emergency involving a communicable disease in the U.S.
HHS’ definitions for the declaration come directly from the WHO, the complaint asserts.
The states petitioned in July for a repeal of the rule, a move the Biden administration denied, according to the complaint. Now, they’re seeking court intervention to declare the rule “unlawful” for depending on the authority of a foreign body.
America First Legal, which was founded by former Trump administration officials, is representing Texas in its lawsuit, which was filed in a Texas district court.
Biden’s HHS secretary, Xavier Becerra, extended on Jan. 11 the country’s public health emergency over COVID-19. It has been in place since January 2020.
The WHO has faced scrutiny in recent years due to its alleged reliance on China, which led former President Trump to pull U.S. funding from the global health organization. During a 2021 congressional hearing, Director of National Intelligence Avril Haines said there were “indications” of Chinese influence on the WHO.
HHS didn’t immediately respond to the DCNF’s request for comment.
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