Trump administration appeals ruling that blocked RKF Jr.’s vaccine overhaul

The Trump administration has appealed a Massachusetts federal judge’s ruling that blocked Health Secretary Robert F. Kennedy Jr.’s recent review of the nation’s childhood immunization schedule.

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A filing late Wednesday in the District of Massachusetts says the administration is appealing Judge Brian Murphy’s March 16 order. Murphy suspended all decisions made by the Center for Disease Control and Prevention’s vaccine advisory committee, ruling that Kennedy had replaced the committee “illegally.”

Assistant Attorney General Brett Shumate signed the appeal.

In January, Kennedy and the CDC made sweeping changes to the childhood vaccination schedule, reducing the number of recommended diseases to vaccinate against from 18 to 11. The change removed recommendations that all babies should be protected against hepatitis A, hepatitis B, RSV, dengue fever and two types of bacterial meningitis.

The American Academy of Pediatrics (AAP) and other medical groups sued the Department of Health and Human Services, arguing that the schedule changes and Kennedy’s overhaul of the CDC’s influential Advisory Committee on Immunization Practices violated federal law.

What happens next?

The Justice Department could file a motion for emergency measures to get the court to immediately act on its appeal. This would require the U.S. First Court of Appeals to move quickly to decide whether to stay or suspend the March 16 ruling.

Kennedy’s appointment of 13 committee members was suspended, according to the decision, nullifying their positions and votes.

However, it is likely that the next steps will take place in a few months and will include oral arguments before any new decision.

AAP lawyer Richard Hughes said in a statement Wednesday that his team “will respond, in due course, to the government’s appeal and we hope to be successful.”

Hughes previously suggested the case could eventually go to the Supreme Court.

Meanwhile, the status of the advisory committee – a key group meant to be made up of vaccine experts independent of government influence – is in limbo.

A meeting planned for March during which members were to discuss Covid vaccines has been postponed indefinitely. The committee is expected to meet again at the end of June. There is no agenda yet.