Appeals court hears fight over Kennedy's vaccine advisers Tuesday
A federal appeals court in Boston hears arguments at 9:30 a.m. Tuesday on whether Health Secretary Robert F. Kennedy Jr.'s picks for the CDC vaccine panel can return to work. A judge froze the panel and Kennedy's new childhood shot schedule in March. The ruling will shape who writes vaccine advice that families and insurers rely on.
The U.S. Court of Appeals for the First Circuit hears arguments at 9:30 a.m. Tuesday in Boston in American Academy of Pediatrics v. Kennedy. The question is whether Health Secretary Robert F. Kennedy Jr.'s picks for the CDC's vaccine advisory panel can get back to work.
Doctors' groups brought the case. The American Academy of Pediatrics and other medical societies sued Kennedy and federal health agencies. They argued that federal health agencies skipped steps the law requires when they changed vaccine advice.
On March 16, U.S. District Judge Brian Murphy found they were likely to win. He froze three things: the new childhood schedule HHS issued on Jan. 5, the seats of 13 Kennedy-named members of the Advisory Committee on Immunization Practices, and the votes that panel took after June 11, 2025. The January schedule had cut routinely recommended childhood shots from 17 to 11, Medical Daily reported.
The government appealed. It wants the freeze on the adviser appointments lifted, according to Georgetown Law's O'Neill Institute case tracker. In September, Murphy paused the rest of the case to wait for the appeals court.
For families, the stakes are practical. The panel, known as ACIP, has not met since the March order, Medical Daily reported. It has issued no flu or COVID-19 guidance for this season. Medical groups and states are filling the gap. Minnesota said it would follow pediatricians, family doctors and obstetricians. An infectious disease expert told CIDRAP that insurers have said they will cover this season's shots.
Here's why the panel matters. For more than 60 years, ACIP reviewed the evidence and voted on vaccines, and the CDC director decided whether to adopt its advice, the Congressional Research Service explains. Many federal and state laws, including insurance coverage rules, point to those recommendations. In June 2025, Kennedy removed all 17 sitting members and named new ones.
Where to listen: The First Circuit offers live public audio of its arguments and posts recordings on its website after the day's session.
What we know: Arguments are set for 9:30 a.m. Tuesday, and the March freeze stays in place until the court rules.
What we don't: When the court will decide, or whether HHS will seat a new committee in the meantime.
Where outlets agree Medical Daily and the Congressional Research Service both say the March 16 order froze the January 2026 childhood schedule, the appointments of 13 Kennedy-named advisers and the panel's later votes.
Where they differ Accounts differ on whether the March order reached Kennedy's May 2025 COVID-19 shot directive, with the plaintiff groups and the American Journal of Managed Care describing its scope differently.