A district judge in Boston said the health secretary violated the law by appointing new members to the committee that made vaccine recommendations.
A federal judge in Massachusetts ruled on March 16 that Health Secretary Robert F. Kennedy Jr. illegally appointed 13 new members to an influential vaccine panel beginning last June.
District Judge Brian Murphy also blocked that panel’s guidance memo revising the childhood immunization schedule and declared its previous votes invalid.
Murphy ruled Kennedy committed “a technical, procedural failure” by skirting around the Advisory Committee on Immunization Practices (ACIP) to change the vaccine recommendations for children.
He said the government committed a similar mistake by removing the previous members of that committee, and replacing them “without undertaking any of the rigorous screening that had been the hallmark of ACIP member selection for decades.”
The plaintiffs, led by the American Academy of Pediatrics, originally sued after Kennedy ordered the Centers for Disease Control and Prevention to stop recommending the COVID-19 vaccine for pregnant women and healthy children.
The suit was later expanded to challenge the restructuring of the ACIP and its changes to childhood vaccine recommendations.
Kennedy had fired all 17 members of the ACIP in June 2025, gradually replacing them over the next seven months; the latest appointments were made on Feb. 27.
“The Committee will no longer function as a rubber stamp for industry profit-taking agendas,” Kennedy said in a statement when dismissing the previous members.
Lawyers from the Justice Department had argued earlier this month that the plaintiffs and courts had no authority to review Kennedy’s decisions about the vaccine committee.
“What they want this court to do is supervise vaccine policy indefinitely,” DOJ attorney Isaac Belfer said during the hearing.
The judge found that the new member appointments violated the Federal Advisory Committee Act, which requires members of such panels to “maintain a fair balance on its committees and to avoid inappropriate influences by both the appointing authority and any special interest.”
It also violated ACIP’s own rules requiring members to have “expertise in the field of immunization practices,” he wrote.
“First, of the fifteen members currently on ACIP, even under the most generous reading, only six appear to have any meaningful experience in vaccines—the very focus of ACIP,” Murphy wrote.
