American Academy of Pediatrics et al. v. Kennedy et al.
Issue: Whether actions taken by the Health and Human Services Secretary changing policies related to immunizations for children and pregnant women violate the Administrative Procedure Act?
Background: A group of public health organizations, medical associations, clinician-members, and individuals directly impacted by these actions sued HHS Secretary Kennedy, arguing that his actions violate the Administrative Procedure Act because they are arbitrary and capricious, an abuse of discretion, and in violation of the law. Plaintiffs allege that the Secretary violated the law by improperly appointing unqualified members to the Advisory Committee on Immunization Practices (ACIP); issuing secretarial directives without following the required process with the ACIP; and removing vaccines for Hepatitis B, Hepatitis A, Meningococcal diseases, Rotavirus, Influenza, and COVID-19 from the recommended schedule for routine use by all children.
Plaintiffs seek to enjoin the February 2026 meeting of the ACIP and set aside the improper termination and appointment of ACIP members, all ACIP votes and recommendations making changes to the pediatric immunization schedule since the improper appointment of members, and two Secretarial directives downgrading immunization recommendations for children.
On March 16, 2026, the court awarded a stay on nearly all counts: 1) The Secretary’s January 5 changes to the pediatric immunization schedule are stayed; 2) The Secretary’s reconstitution of ACIP was determined to likely violate the Federal Advisory Committee Act (FACA) and the 13 appointments are stayed; and 3) All votes made by the now-stayed ACIP appointments are also stayed.
Current Status: Appeal Filed in First Circuit
Public Health Deans and Scholars Amicus Brief
Amici: Robert Wood Johnson Foundation, the American Thoracic Society, the Network for Public Health Law, the American College of Chest Physicians, the American Academy of Allergy, Asthma & Immunology, and 119 public health deans and scholars.
Argument Summary: The routine vaccination changes ignore substantial scientific evidence about the proven benefits of pediatric immunizations. These changes will significantly reduce childhood vaccination rates, increasing illness and death from preventable causes such as measles. Further, these changes have created a fundamental public health threat, sowing disruption and uncertainty for patients, families, providers, pharmacies, and health systems writ large.
Outside Counsel: Foley Hoag LLP
Administrative Law Scholars Amicus Brief
Amici: 11 public health and administrative law scholars.
Argument Summary: The CDC vaccine changes are unlawful because the agency failed to follow required procedures when it bypassed ACIP. The CDC’s justifications for the changes are arbitrary and capricious because the CDC disregarded the governing ACIP standard and extensive evidence demonstrating vaccine benefits and safety, and rested its decisions on unreasonable grounds.
Outside Counsel: Mayer Brown LLP
Related Resources:
GW Media Relations. Public Health Leaders File Amicus Brief Warning Federal Vaccine Policy Changes Put Children and Communities at Risk. Feb. 10, 2026. https://publichealth.gwu.edu/public-health-leaders-file-amicus-brief-warning-federal-vaccine-policy-changes-put-children-and
GW Media Relations. Legal and Public Health Experts Say HHS Vaccine Downgrades Violate Federal Law and Endanger Public Health. Feb. 10, 2026. https://publichealth.gwu.edu/legal-and-public-health-experts-say-hhs-vaccine-downgrades-violate-federal-law-and-endanger-public
Citations:
"More than 40 GW faculty signed an amicus brief — a filing from an outside party to support one side in a case — last month warning Kennedy’s changes to the vaccine schedule endanger public health and could cause 'unnecessary deaths' from lower vaccination rates."
Ebs D. Judge blocks RFK Jr.’s childhood vaccine schedule changes after GW Law professor’s lawsuit. GW Hatchet. March 19, 2026. https://gwhatchet.com/2026/03/19/judge-blocks-rfk-jr-s-childhood-vaccine-schedule-changes-after-gw-law-professors-lawsuit/
"'From our perspective, this was one of the most consequential cases around public health in a very long time,' Alison Barkoff, director of the Hirsh Health Law and Policy Program at George Washington University, told The Hill. Barkoff was a signatory on an amicus brief filed by public health policy scholars and deans in support of the American Academy of Pediatrics, the plaintiffs in the case against Kennedy’s vaccine policies."
Choi J. Kennedy’s vaccine agenda takes a major blow. The Hill. March 19, 2026. https://thehill.com/policy/healthcare/5790745-kennedy-vaccine-policy-setback/amp/
"Providers are hearing from parents who are confused about what to do, said Alison Barkoff, a health law and policy expert at George Washington University who joined an amicus brief supporting the AAP."
Steenhuysen J. Pediatricians win Round 1 in vaccine fight, but damage has been done. Reuters. March 17, 2026. https://www.reuters.com/legal/litigation/pediatricians-win-round-1-vaccine-fight-damage-has-been-done-2026-03-17/
"The suit also gained supporters: An amicus brief representing more than 100 public health experts and organizations, including the Robert Wood Johnson Foundation, was filed in February."
Mandavilli A. Judge Strikes Down Kennedy’s Vaccine Policies. The New York Times. March 16, 2026. https://www.nytimes.com/2026/03/16/health/childhood-vaccines-lawsuit-kennedy.html
"More than 40 faculty joined five public health organizations in filing an amicus brief earlier this month, warning that Health and Human Services Secretary Robert F. Kennedy Jr.’s May changes to the childhood vaccine schedule endanger public health."
Maury A, Joju L. Faculty back lawsuit challenging CDC childhood vaccine schedule changes. GW Hatchet. Feb. 23, 2026. https://gwhatchet.com/2026/02/23/faculty-back-lawsuit-challenging-cdc-childhood-vaccine-schedule-changes/
"As a member of the academy and head of the Robert Wood Johnson Foundation — which has joined an amicus brief supporting the plaintiffs signed by several organizations and more than 100 health and medical experts — I hope the court prevents the administration from implementing these changes."
Besser R. This court case could decide the future of childhood vaccines. The Hill. Feb. 13, 2026. https://thehill.com/opinion/healthcare/5735590-court-challenges-vaccine-changes/
Funding Acknowledgement: Support for this program is provided by the Commonwealth Fund and the Robert Wood Johnson Foundation. The views presented here are those of the authors and not necessarily those of the Commonwealth Fund, its directors, officers, or staff, or the Robert Wood Johnson Foundation.