HHS appeals ruling that stalled many of Kennedy’s vaccine policy changes

Politics HHS appeals ruling that stalled many of Kennedy’s vaccine policy changes In a short filing, the government asked a circuit court to weigh in on a recent decision Manage alerts for this article Email this article Share this article By Anil OzaApril 29, 2026 General Assignment Reporter Anil Oza[email protected]Anil Oza is a general assignment reporter at STAT focused on the NIH and health equity. You can reach him on Signal at aniloza.16. The Department of Justice is appealing a ruling by a federal judge which stalled many of health secretary Robert F. Kennedy Jr.’s changes to federal vaccine policy. The appeal, filed Wednesday, is the latest twist in the closely watched lawsuit filed by the American Association of Pediatrics along with several other professional organizations and several anonymous women. The organizations argued that in reconstituting a federal vaccine advisory committee and changing the childhood vaccine schedule, Kennedy’s health department violated the Administrative Procedures Act, which governs how federal agencies consider and implement policy changes. Advertisement In March, federal judge Brian E. Murphy issued a preliminary ruling that those moves were likely illegal, and that Kennedy’s reconstitution of the Advisory Committee on Immunization Practices violated the government’s own policies and documents laying out requisite expertise for members. The Department of Justice’s appeal is brief, and does not outline the government’s arguments on which it is appealing the ruling. “Please take notice that Defendants hereby appeal to the United States Court of Appeals for the First Circuit from this Court’s March 16, 2026, Memorandum and Order on Plaintiffs’ Motion for Preliminary Injunction, ECF No. 291,” it reads. A spokesperson for the Department of Health and Human Services did not immediately respond to a request for comment. Richard Hughes, a lawyer at Epstein Becker Green who is representing AAP, said he is “disappointed” that the government filed a notice of appeal. “I have remained optimistic that [the government] would not want to relitigate issues on which it is bound to lose. We will, in due course, respond to the government’s appeal and we expect to prevail,” he said in a statement.Advertisement It previously wasn’t clear whether the health department would appeal Murphy’s decision, given reports that the White House has been steering Kennedy and other officials away from focusing on vaccines. But the appeal does follow a change to ACIP’s charter, which altered the kinds of expertise deemed important to the committee. That charter, revised earlier this month, added toxicology, pediatric neurodevelopment, and knowledge about “recovery from serious vaccine injuries” as types of expertise that would be relevant to the committee. That charter also added several organizations that will serve as liaison members that share some of Kennedy’s views on vaccines. After it was revised, some experts pointed out that the updated charter seemed to respond to some of the arguments levied at Kennedy in the AAP lawsuit. Following the revisions to the charter, at least one group is making that argument. Several physicians and the Children’s Health Defense, a vaccine-skeptical group founded by Kennedy that has petitioned the court to enter the case, submitted an appeal arguing that the new charter changed the course of the trial. “Under the renewed charter, every ACIP member this Court found unqualified or arguably qualified satisfies at least one listed expertise,” CHD wrote in its appeal. (The DOJ has opposed Children’s Health Defense’s motion to enter the suit, and the court has not allowed them to join the case.) It’s unclear how the government’s appeal may scramble the lawsuit’s timeline. HHS, legal, RFK Jr., Vaccines Submit a correction requestReprints Anil Oza General Assignment Reporter Anil Oza is a general assignment reporter at STAT focused on the NIH and health equity. You can reach him on Signal at aniloza.16. Newsletter The latest updates in federal health agencies, research institutes, and U.S. policy Recommended Politics April 28, 2026 In first meeting, federal autism committee focuses on ‘profound autism’ Politics April 28, 2026 STAT Plus: Health system CEOs get off easy at Congressional hearing on affordability Advertisement Biotech April 28, 2026 STAT Plus: FDA launches effort to speed up clinical trials, using AI Biotech April 28, 2026 Fauci adviser David Morens indicted on charges of concealing emails, avoiding records requests Politics April 28, 2026 STAT Plus: A giant question looms over GOP’s new Medicaid work requirements Subscriber Picks