Boston — In a decisive hearing before the 1st U.S. Circuit Court of Appeals on Tuesday, the Trump administration urged the court to overturn a district judge’s order that blocked 13 of the 17 members appointed by Health Secretary Robert F. Kennedy Jr. to the Advisory Committee on Immunization Practices (ACIP). The administration argues the ruling has left the committee without a quorum, stalling essential public‑health guidance on flu shots and other vaccines.
Attorney Matthew Zorn makes the case for the administration
Justice Department attorney Matthew Zorn told the three‑judge panel that the March 16 order by U.S. District Judge Brian Murphy “improperly hamstrung” the ACIP, a body that provides the Centers for Disease Control and Prevention (CDC) with expert recommendations on immunizations. “We’re asking the court to vacate the order on the appointments so that the secretary can reconstitute the committee and get it back to work,” Zorn said.
Background on the panel and the controversy
President Donald Trump appointed Kennedy last year to lead the Department of Health and Human Services. Upon taking office, Kennedy removed all 17 independent experts previously serving on the ACIP and named new members, a move that sparked a lawsuit from the American Academy of Pediatrics and other medical groups. Those groups contend the new slate violates the Federal Advisory Committee Act, which requires advisory panels to be balanced and composed of qualified experts.
Judge Murphy agreed, finding that Kennedy’s selections were “distinctly unqualified” and that the panel lacked the statutory balance required by law. He blocked 13 of the new appointees, leaving the committee unable to meet. The ruling also halted the CDC’s January 5 decision to reduce the number of routine childhood vaccinations and set aside ACIP votes made under Kennedy’s tenure, including a downgrade of hepatitis B recommendations for newborns and broader COVID‑19 vaccine guidance.
Administration’s response and the stakes for public health
The Trump administration has chosen not to appeal the portions of Murphy’s order that address the CDC’s policy changes, focusing instead on restoring the panel’s membership so it can resume its work. Zorn emphasized that without a functioning ACIP, the CDC cannot issue timely recommendations, potentially jeopardizing flu season preparedness and other critical immunization efforts.
Chief U.S. Circuit Judge David Barron expressed uncertainty about the legal basis for the injunction, noting, “It’s hard to know precisely what harm this relief was designed to address.” Nonetheless, the administration’s position is clear: the block is an overreach that threatens the nation’s ability to protect public health through expert guidance.
Opposition and legal arguments
Andrew Pincus, representing the plaintiffs, urged the appeals court to leave the district judge’s order intact, arguing that the block provides “important protection for America’s public health.” He maintains that the new members lack the requisite expertise and that the panel’s composition must remain balanced.
Since the order, the ACIP has cancelled two scheduled meetings, and a third meeting set for October 21‑23 is likely to be called off unless the panel is reconstituted promptly.
What’s next?
The appeals court is expected to issue a ruling in the coming weeks. If the court vacates the order, the Trump administration will move quickly to fill the vacancies with qualified experts, restoring the ACIP’s ability to advise the CDC on vaccine policy. If the block stands, the nation could face continued delays in vaccine recommendations, a scenario the administration warns would undermine public‑health preparedness.
For now, the focus remains on ensuring that the ACIP can fulfill its statutory role of providing balanced, science‑based guidance to protect Americans from preventable diseases.
Original reporting: Appleton, WI News Feed (HLL/CB) — read the source article.
