Nicolai Haugsted
DOJ asks for massive change.
Legal and political tensions surrounding U.S. vaccine policy have intensified after the Trump administration asked a federal appeals court to revive a key advisory panel that has been largely sidelined by a judge’s ruling.
At the center of the dispute is a committee responsible for shaping federal vaccine recommendations, including annual guidance on flu shots. Administration officials argue the panel can no longer properly function after a court blocked most of Health Secretary Robert F. Kennedy Jr.’s appointees from serving on it.
According to Reuters, lawyers representing the federal government have urged the 1st U.S. Circuit Court of Appeals to overturn a ruling issued earlier this year by U.S. District Judge Brian Murphy.
Murphy concluded that the appointment process used to fill most seats on the Advisory Committee on Immunization Practices, known as ACIP, violated federal requirements governing advisory bodies.
As a result, 13 of the committee’s 15 members were prevented from continuing their work.
According to the Justice Department, that decision has left the panel unable to reach a quorum and unable to complete important tasks tied to vaccine policy.
“Should a pathogen emerge tomorrow, the government’s only path to respond would run through the district court,” government lawyers wrote in court filings.
Kennedy appointments remain under scrutiny
The controversy began after Kennedy removed all 17 experts who previously served on the committee and replaced them with new members.
Critics argued the new panel lacked the expertise and balance required under federal law.
Murphy agreed in his March ruling, stating that Kennedy paid little attention to legal requirements intended to ensure advisory panels contain appropriately qualified members.
Court documents noted that several appointees lacked significant experience in vaccine-related fields.
Administration lawyers strongly rejected that assessment.
“A federal judge who substitutes his own assessment of those questions has crossed the line between judicial review and executive staffing,” the Justice Department argued.
Broader vaccine changes remain frozen
While seeking to restore Kennedy’s appointees, the administration is not challenging other portions of Murphy’s ruling.
Several vaccine policy changes approved under Kennedy’s leadership therefore remain blocked for now.
Among them are efforts to reduce the number of routinely recommended childhood vaccinations, as well as votes that altered recommendations involving hepatitis B vaccines for newborns and COVID-19 immunizations.
Those measures will stay suspended while the legal battle continues.
Medical groups push back
Organizations that brought the original lawsuit remain confident the ruling will survive appeal.
Richard Hughes, an attorney representing the American Academy of Pediatrics and other medical groups, accused Kennedy of pursuing an ideological agenda rather than rebuilding confidence in vaccine policy.
“This brief demonstrates that Secretary Kennedy’s sole interest is installing a select group of individuals to dismantle rather than restore vaccine policy,” Hughes said.
The appeals court has agreed to fast-track the case, with all remaining legal briefs due by late July.
A decision could have major implications for how federal health officials shape vaccine recommendations in the years ahead.
