Federal judge blocks RFK Jr’s overhaul of vaccine recommendations
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A federal judge ruled Monday that the selection of several vaccine advisers by Health and Human Services Secretary Robert F. Kennedy Jr. likely broke federal law, putting their work on hold and preventing the advisory panel from meeting later this week.
The decision came in a lawsuit filed by the American Academy of Pediatrics against the Department of Health and Human Services. U.S. District Judge Brian E. Murphy determined that the appointments to the Advisory Committee on Immunization Practices (ACIP) were likely made in violation of the Federal Advisory Committee Act. Because of that finding, the judge suspended the appointments and halted actions taken by the group.
As a result, the ACIP cannot hold its scheduled meeting later this week. A Health and Human Services official confirmed that the meeting has been postponed.
The ruling also blocked sweeping changes to the national vaccination schedule that were introduced in January. Health officials had altered roughly one-third of the recommendations at that time, but the court described those changes as “arbitrary and capricious.”
Kennedy had dismissed all 17 members of the committee in June and replaced them with 13 new advisers of his choosing. Several of the new appointees had previously voiced skepticism about vaccines. The judge concluded that those replacements were likely inconsistent with federal law governing advisory committees, effectively stripping the new members of their authority.
Because the appointments were invalidated, all votes taken by the panel since those members joined are also suspended. Those votes included actions removing thimerosal from flu vaccines, ending the recommendation for the combined measles, mumps, rubella and chickenpox shot, and eliminating the universal recommendation that newborns receive a hepatitis B vaccine dose.
Richard Hughes IV, an attorney representing the American Academy of Pediatrics, called the ruling a significant victory.
The Department of Health and Human Services criticized the decision. Spokesperson Andrew Nixon said the agency expects the ruling to be overturned and argued it is another attempt to block the Trump administration from carrying out its policies.
Legal experts say the outcome may depend on what happens next in the courts. Dorit Reiss, a professor at the University of California College of the Law in San Francisco who specializes in vaccine law, said the government will likely appeal and challenge the legal standing of the lawsuit.
In the short term, she noted that restoring the previous vaccination schedule could improve access in states that tie pharmacist authority and insurance coverage to ACIP recommendations.
Before the court halted the committee’s work, the panel had planned to review possible long-term effects associated with COVID-19 vaccinations during its upcoming meeting. Details of that agenda were reported after a memo was leaked to the press.
Robert Malone, the committee’s co-chair, criticized the disclosure on social media Monday, saying the leak had triggered a chain of consequences and warning that the situation could worsen.
Critics of the changes to the committee argue the overhaul has undermined scientific standards. Elizabeth Jacobs, an epidemiologist affiliated with Defend Public Health, said the replacement of experienced advisers with individuals she described as unqualified has led to the spread of misinformation about vaccines.
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