A federal judge on Monday (March 16) blocked key components of Health Secretary Robert F. Kennedy Jr.’s controversial effort to to reshape US vaccination policy, including his plan to reduce the number of routinely recommended childhood vaccinations.
U.S. District Judge Brian Murphy of Boston ruled in favor of the American Academy of Pediatrics and other medical groups, which argued that Kennedy’s policy would reduce vaccination coverage and endanger public health.
“This is a significant victory for public health, evidence-based medicine, the rule of law and the American people,” said Richard Hughes, an attorney for the plaintiffs. “The government can appeal this decision and we have a lot more work to do to achieve a full victory on the merits. But for now we can celebrate the rare good news.”
The judge criticizes the approach of the Kennedy Administration
Appointed by President Joe Biden, Judge Murphy emphasized that American vaccination policy has long been rooted in scientific methods codified in law.
“For decades, the United States has focused on eradicating and reducing disease with vaccines that are scientifically developed and codified into law through procedural requirements,” Murphy said.
He added that under Kennedy the government “ignored these methods and thereby undermined the integrity of its actions.”
The appointment of the advisory committee was cancelled
The decision also blocked 13 Kennedy appointees to the Advisory Committee on Immunization Practices (ACIP) from serving ahead of a scheduled March 18-19 meeting. The judge overturned the commission’s previous vote to change the vaccine recommendation.
Murphy said that because ACIP was illegally reinstated with Kennedy officials, the previous decisions — including reducing recommendations for hepatitis B vaccines for newborns and COVID-19 — were also invalid.
Kennedy’s replacement of all 17 ACIP independent experts last year has also been questioned, with critics saying the advisory panel no longer reflects a fairly balanced composition as required by the Federal Advisory Committee Act.
Implications for vaccination policy and public health
The court’s decision represents a significant setback for Kennedy, a longtime anti-vaccination activist who was appointed by President Donald Trump last year to lead the US Department of Health and Human Services (HHS).
Vaccine manufacturers – including Pfizer, BioNTech, Moderna, Merck, Sanofi and GSK – have expressed concern about the instability of vaccination policy in the US. Pediatricians also reported growing parental skepticism about vaccinations.
US Justice Department lawyers defended Kennedy, saying that while HHS welcomed the debate, Kennedy and his officials “had broad authority to change policy to address the decline in public confidence following the COVID-19 pandemic.”
