Federal Judge Blocks RFK Jr.’s January Vaccine-Schedule Cuts and Most New ACIP Appointments as 'Arbitrary and Capricious'
U.S. District Judge Brian E. Murphy blocked Health Secretary Robert F. Kennedy Jr.'s January vaccine memo — which cut routinely recommended childhood immunizations from 17 to 11 and would have narrowed recommendations for flu, rotavirus, hepatitis A and B, some meningitis vaccines and RSV — finding the ACIP overhaul "arbitrary and capricious" for bypassing established scientific procedures. The injunction stayed most of Kennedy’s new ACIP appointments (including a stay on 13 appointees and decisions by the reconstituted 17‑member panel), paused a planned ACIP meeting, drew praise from pediatric groups, and prompted HHS to say it will appeal while polling shows public trust in the childhood schedule has declined.
📌 Key Facts
- A federal judge, Brian E. Murphy, temporarily blocked parts of Health Secretary Robert F. Kennedy Jr.’s January vaccine actions, finding the overhaul of the Advisory Committee on Immunization Practices (ACIP) and changes to the childhood immunization schedule were 'arbitrary and capricious' and had bypassed the agency’s usual scientific procedures.
- The January memo cut the number of universally recommended childhood immunizations from 17 to 11, removing or narrowing universal recommendations for flu, rotavirus, hepatitis A and B, some meningitis vaccines and RSV — changes now frozen by the injunction.
- The ruling stayed appointments and decisions by Kennedy’s reconstituted ACIP: it temporarily blocked 13 of the members Kennedy installed since June 2025 (while allowing two newest appointees to remain) and ordered that the reconstituted 17‑member panel and any decisions it made be put on hold.
- Judge Murphy and reporting found many of Kennedy’s appointees lacked relevant vaccine experience or rigorous vetting — only about six appear to have meaningful vaccine expertise — and several have questioned established vaccine research, raising concerns about the committee’s qualifications and independence.
- Because of the ruling, the CDC/ACIP postponed a planned meeting (described by AAP counsel as occurring 'as currently constituted' the committee cannot meet), delaying what had been expected to be debates over COVID‑19 vaccines and broader changes to federal vaccine policy formulation.
- HHS responded through spokesman Andrew Nixon that the department expects the decision to be overturned and will appeal, framing the ruling as another attempt to block the Trump administration from governing.
- Pediatric and public‑health groups and the plaintiffs praised the ruling: American Academy of Pediatrics leaders and the plaintiffs’ lawyer called it a victory for evidence‑based medicine and the rule of law and said it restored science‑based decision‑making in federal vaccine policy.
- An Axios/Ipsos poll found public trust in the current childhood vaccine schedule has declined (60% now trust it, down from 71% in June), with 70% saying they have little or no trust in health information from Kennedy and 68% saying the same about Surgeon General nominee Casey Means; respondents reported greater confidence in pediatricians and the American Academy of Pediatrics than in CDC or administration figures.
📊 Relevant Data
Hepatitis B prevalence is higher among Asian Americans, with nearly 70% of Asian Americans born outside the United States, contributing to higher rates due to infection in high-prevalence countries of origin and perinatal transmission.
People Born Outside of the United States and Viral Hepatitis — CDC
Pre-vaccine era rotavirus hospitalization rates were higher among White children overall, but Black infants under 6 months had higher risk (versus non-Black), and Hispanic children aged 24-35 months had higher risk (versus non-Hispanic).
From 2016 to 2022, the incidence of invasive meningococcal disease was significantly higher among African Americans compared to Whites, with an adjusted relative risk of 2.66.
Racial and Ethnic Disparities in Meningococcal Vaccination Coverage and Disease Burden Among US Adolescents — ScienceDirect
In a 2026 poll, 55% of Democrats trusted the CDC for vaccine information, compared to 43% of Republicans and 46% of independents, showing partisan divides in declining trust.
Denmark's vaccine schedule omits routine vaccinations for diseases like rotavirus due to universal healthcare access and lower severe outcomes, whereas the US has uneven access and higher risks for such diseases.
The Danish Vaccination Schedule Is Not About Fewer Jabs—It's About Context — ACSH
📰 Source Timeline (6)
Follow how coverage of this story developed over time
- An Axios/Ipsos national poll finds only 60% of Americans now trust the current childhood vaccination schedule, down from 71% in June, during Robert F. Kennedy Jr.’s tenure.
- Seventy percent of respondents say they have little or no trust in health information from Kennedy, and 68% say the same of Surgeon General nominee Casey Means.
- Nearly one in three Americans say they personally identify with Kennedy’s 'Make America Healthy Again' movement, even as trust in his vaccine policies erodes.
- The poll shows Americans place far more confidence in pediatricians and the American Academy of Pediatrics than in CDC or administration figures on vaccine guidance.
- 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.