American Academy of Pediatrics et al. v. Kennedy et al.

Docket No.
26-1503
Appellate Court
First Circuit

Goal

  • Block enforcement of an agency action
  • Compel agency action
  • Declaration that agency action is unlawful

Issues

Case History

Why This Matters:

Why This Matters:

Plaintiffs allege that the Department of Health and Human Services and Centers for Disease Control and Prevention violated the Administrative Procedure Act in downgrading vaccines on the childhood immunization schedule; replacing members of the Advisory Committee on Immunization Practices and any subsequent changes made by the Committee; and changing recommendations for the COVID-19 vaccine. Specifically, the plaintiffs allege that federal health agencies failed to observe required procedures and acted arbitrarily and capriciously. Federal vaccine recommendations have been used to set vaccine policy across the country. On appeal, defendants seek to overturn the district court’s decision to stay the appointments of new members to the Advisory Committee on Immunization Practices.

Potential Impact:

Potential Impact:

Changes to vaccine recommendations should be made only with scientific justification and could lead to reduced coverage, increased vaccination hesitancy, increased risk of the spread of preventable diseases, and increased mortality.

8 Major Filings

Related Litigation

Current Status

Briefing is ongoing

Important Date

Plaintiffs' Response Brief Due

Legal Issues

Administrative Procedure Act - Arbitrary and Capricious, Administrative Procedure Act - Without Observance of Procedure Required by Law, Administrative Procedure Act - Contrary to Law

Topic(s)

Preventive Services

Date Filed
April 29, 2026
Case Type
Civil
Court Type
Appellate Court
Court
First Circuit
Plaintiff(s)
American Academy of Pediatrics; American College of Physicians; American Public Health Association; Infectious Diseases Society of America; Massachusetts Public Health Alliance; Society for Maternal-Fetal Medicine; The Massachusetts Chapter of the American Academy of Pediatrics; Jane Doe 1; Jane Doe 2; Jane Doe 3
Lead Counsel For Plaintiff(s)
Epstein Becker & Green P.C.
Defendant(s)
Robert F. Kennedy Jr.; Department of Health and Human Services; Kyle Diamantas; Food and Drug Administration; Jay Bhattacharya; National Institutes of Health; Matthew Buzzelli; Centers for Disease Control and Prevention; Does 1-50
Lead Counsel for Defendant(s)
Government
Amicus Briefs for Defendant(s)

America’s Future et al.