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

Litigation Content

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 issue a preliminary injunction.

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.

1 Major Filings

Litigation Information

Current Status

Briefing is ongoing