The nation’s primary vaccine advisory body remains paralyzed months after a federal judge halted its operations, leaving the government scrambling to restore its ability to issue recommendations before the fall flu season. Health Secretary Robert F. Kennedy Jr. is now asking a federal appeals court to accelerate the timeline for resolving the dispute.
In March, U.S. District Judge Brian Murphy blocked changes made by Kennedy to the Advisory Committee on Immunization Practices (ACIP), including the dismissal of existing members and the appointment of new ones. The judge ruled the administration had not followed proper procedures. The Trump administration appealed in April, but the committee has remained unable to meet, vote, or issue guidance since.
“The committee cannot supply, change, or withdraw a vaccine recommendation — for any vaccine or population — until the stay is lifted,” government lawyers stated in a June 12 motion to expedite the appeal.
Kennedy warned in a June 12 social media post that the paralysis threatens public health preparedness. “The court’s order has left ACIP unable to carry out its core responsibilities. As a result, the committee cannot issue new recommendations, review newly approved vaccines, or complete important work ahead of the fall flu season.”
The Federal Drug Administration is scheduled to meet June 18 to consider clearing a new influenza vaccine. If approved, ACIP would normally then recommend which populations should receive it. But the committee cannot function, leaving state health departments, insurers and physicians without official federal guidance.
President Donald Trump’s June 3 executive order directing ACIP to update the childhood vaccination schedule also remains unexecuted.
The administration’s proposed schedule would see briefs filed in June and July, oral arguments in August, and a decision “as soon as practicable” after that.
The American Academy of Pediatrics and groups that initially sued over Kennedy’s changes oppose expediting the appeal. They argue Judge Murphy correctly found that Kennedy’s reconstituted ACIP was “unbalanced” and that changes should not have been made absent the committee’s advice. Conflicts of interest of former members has also not been addressed.
ACIP has operated for decades as a panel of medical experts, researchers and public health officials providing independent, evidence-based vaccine recommendations to the CDC. Its guidance is typically accepted by the CDC and influences immunization schedules, insurance coverage and state health policies. The current paralysis represents an unprecedented interruption in that process.
Kennedy, who has championed health freedom and vaccine safety, has defended his overhaul as necessary to restore trust in federal vaccine science, due in part to public health recommendations being made by people affiliated with Big Pharma.
“Families, physicians, insurers and public health programs deserve certainty — not paralysis,” Kennedy wrote. “That’s why we’re asking for expedited review.”
The paralysis of ACIP creates a vacuum in federal immunization policy at a critical time. With no clear timeline for a ruling, states and healthcare providers face the fall respiratory season without updated federal guidance on vaccines. The coming weeks will determine whether the court system can restore the committee’s function before seasonal demand for influenza and other immunizations begins to rise.
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