Federal Judge Blocks RFK Jr.’s January Vaccine-Schedule Cut and Most New ACIP Appointments as 'Arbitrary and Capricious'
Federal Judge Brian E. Murphy blocked key parts of Health Secretary Robert F. Kennedy Jr.’s January vaccine overhaul, finding the change to the childhood immunization schedule — which reduced broadly recommended vaccines from 17 to 11 and moved hepatitis A and B largely to high‑risk categories — and the reconstitution of ACIP to be “arbitrary and capricious” for bypassing the panel’s scientific procedures. The ruling stayed the appointment of most of Kennedy’s new 17‑member ACIP (temporarily blocking 13 appointees), prompted the postponement of an ACIP meeting, and drew vows from HHS to appeal while medical groups and plaintiffs praised the decision as restoring evidence‑based decision‑making.
📌 Key Facts
- U.S. District Judge Brian E. Murphy temporarily blocked significant parts of Health Secretary Robert F. Kennedy Jr.'s January vaccine order, finding the overhaul of childhood vaccine policy and ACIP appointments 'arbitrary and capricious' for bypassing the advisory committee and its scientific procedures.
- The January order would have cut the childhood immunization schedule from 17 to 11 recommended vaccines and would have ended broad federal recommendations for flu, rotavirus, hepatitis A, hepatitis B, some meningitis vaccines and RSV; some reports say the revised schedule would have shifted hepatitis A and B recommendations mainly to high‑risk groups.
- Murphy ordered all appointments to the reconstituted 17‑member Advisory Committee on Immunization Practices (ACIP) and all decisions by that reformed committee put on hold, staying the appointment of 13 members installed since June 2025.
- The judge temporarily barred 13 of RFK Jr.'s newly appointed ACIP members from participating in future meetings (while allowing two most‑recent appointees to remain), and found that only about six of the new appointees appeared to have meaningful vaccine experience.
- Murphy said the administration 'bypassed' ACIP's technical expertise and 'disregarded' historically scientific, codified procedures; the ruling characterized many of the handpicked members as appearing 'distinctly unqualified' and noted several had questioned established vaccine research.
- As a result of the ruling, ACIP postponed its upcoming meeting because, according to the American Academy of Pediatrics' attorney, 'ACIP as currently constituted cannot meet' and CDC meetings expected to address COVID‑19 vaccines and policy changes were delayed.
- HHS spokesman Andrew Nixon said the department expects the judge's decision to be overturned and indicated the administration will appeal, framing the ruling as another attempt to block the Trump administration from governing.
- Plaintiffs' attorney Richard Hughes and American Academy of Pediatrics President Dr. Andrew Racine praised the decision as a significant victory for public health, evidence‑based medicine and restoring science‑based decision‑making; the initial lawsuit, filed in July, began over Kennedy's move to stop recommending COVID‑19 vaccination for most children and pregnant women and was later amended to challenge the broader schedule cuts and ACIP overhaul.
📊 Relevant Data
The prevalence of chronic hepatitis B in the US is estimated at 2.4 million, disproportionately affecting persons of Asian or African descent, with Asian American persons having a prevalence of 3% to 5% compared to 0.1% to 0.2% in the general US population.
Racial Disparities in Treatment and Outcomes of Chronic Hepatitis B Virus Infection in North America — JAMA Network Open
RSV-associated hospitalization rates for children under 6 months were 23.7 per 1,000 for Hispanic children, 15.1 per 1,000 for non-Hispanic Black children, and 16.0 per 1,000 for non-Hispanic White children in the US from 2016 to 2020.
Respiratory Syncytial Virus–Associated Hospitalizations Among Children <5 Years Old: 2016 to 2020 — Pediatrics
Age-adjusted influenza-associated hospitalization rates from 2009–10 to 2021–22 were 78.2 per 100,000 for non-Hispanic Black adults, 54.6 for American Indian or Alaska Native adults, 50.3 for Hispanic adults, 43.0 for non-Hispanic White adults, and 34.5 for Asian or Pacific Islander adults.
Vital Signs: Influenza Hospitalizations and Vaccination Coverage by Race and Ethnicity—United States, 2009–10 Through 2021–22 Influenza Seasons — PMC (Morbidity and Mortality Weekly Report)
📰 Source Timeline (5)
Follow how coverage of this story developed over time
- Judge Brian Murphy’s written ruling explicitly targets the January HHS memo that cut universally recommended vaccinations from 17 to 11, calling it 'arbitrary and capricious' for bypassing ACIP.
- Murphy states that 'The CDC cannot simply bypass ACIP in altering the immunization schedules,' underscoring a legal requirement to use the advisory panel process.
- The judge temporarily blocked 13 of RFK Jr.’s newly appointed ACIP members from participating in future meetings but allowed the two newest appointees announced last month to remain.
- The ruling characterizes many of Kennedy’s handpicked ACIP members as appearing 'distinctly unqualified.'
- HHS spokesperson Andrew Nixon responded that the department expects Murphy’s decision to be overturned, framing it as part of his 'other attempts to keep the Trump administration from governing.'
- Judge Brian Murphy’s written opinion explicitly finds that Kennedy’s overhaul of ACIP and its decisions were 'arbitrary and capricious' and that the government 'disregarded' its usual scientific methods, undermining the integrity of its actions.
- The ruling stays the appointment of 13 ACIP members Kennedy installed since June 2025, after firing the prior committee, rather than simply casting broad doubt on the committee’s composition.
- The article clarifies that Kennedy’s revamped ACIP had recommended that all babies receive hepatitis B vaccination at birth, one of several contentious recommendations now frozen by the injunction.
- CDC’s ACIP has postponed a planned Wednesday–Thursday meeting that was expected to question COVID-19 vaccines and potentially revamp how federal vaccine policies are formulated.
- HHS spokesman Andrew Nixon frames the ruling as another attempt to block the Trump administration from 'governing' and says the administration will appeal, while plaintiffs’ lawyer Richard Hughes calls the decision a 'significant victory for public health, evidence-based medicine, the rule of law, and the American people.'
- Details that the revised childhood schedule cut the number of recommended immunizations from 17 to 11 and shifted Hepatitis A and Hepatitis B to mainly high‑risk categories.
- Judge Murphy’s finding that only six of Kennedy’s new ACIP appointees appear to have any meaningful experience in vaccines, and that they were appointed without a rigorous screening process.
- Murphy’s explicit criticism that the government “bypassed” ACIP’s technical expertise and disregarded historically scientific, codified procedures, undermining the integrity of its actions.
- A fuller description that several of the new ACIP members have questioned established vaccine research, heightening concerns from medical groups.
- HHS’s political‑framed response that it expects the Biden‑appointed judge’s decision to be overturned, describing him as an obstacle to the Trump administration.
- Confirmation from an HHS official that the upcoming ACIP meeting scheduled for later this week was postponed after the ruling.
- Specific quote from AAP President Dr. Andrew Racine celebrating the ruling as restoring science‑based decision‑making in federal vaccine policy.
- This article confirms that the January order from Health Secretary Robert F. Kennedy Jr. would have ended broad recommendations for flu, rotavirus, hepatitis A, hepatitis B, some meningitis vaccines and RSV for all children.
- It specifies that Judge Brian E. Murphy ordered all appointments to the reconstituted 17‑member ACIP and all decisions made by that reformed committee to be put on hold.
- The piece notes that ACIP’s upcoming meeting was postponed because 'ACIP as currently constituted cannot meet,' according to American Academy of Pediatrics attorney Richard Hughes IV.
- It adds a direct quote from HHS spokesperson Andrew Nixon saying HHS expects the judge’s decision to be overturned, framing the ruling as part of prior clashes with the Trump administration.
- It clarifies that the original lawsuit filed in July focused on Kennedy’s move to stop recommending COVID‑19 vaccination for most children and pregnant women and was later amended to add the broader schedule cuts and ACIP overhaul.