The American Academy of Pediatrics (AAP) responded to HHS Secretary Robert F. Kennedy Jr.’s statement that the CDC’s vaccine panel cannot meet because of a recent court ruling challenging modifications to the U.S. childhood immunization schedule.
On June 12, Kennedy posted on X that he had filed a motion urging the First Circuit Court of Appeals to accelerate an appeal of the district court decision he argued left the Advisory Committee on Immunization Practices (ACIP) without a quorum.
The AAP rejected this assertion.
“Contrary to the arguments in HHS’s recent legal action, the federal government retains the authority to reestablish a lawful ACIP and convene a meeting at any moment,” said AAP President Andrew Racine, MD, PhD, in a statement. “Indeed, this is precisely what the AAP has long advocated: a fully functional ACIP guided by experts equipped with the specialized expertise needed to formulate evidence‑based vaccine recommendations.”
He continued, “ACIP’s recommendations determine whether parents can readily obtain vaccines that keep their children healthy and thriving. When guidance shifts for political reasons, it loses credibility and the public disengages. The fallout is tangible: vaccination rates drop, measles continues to circulate, and children unnecessarily suffer from preventable illnesses such as whooping cough and influenza.”
In March, a federal judge in Boston temporarily halted officials from reducing the number of vaccines recommended for every child, and concluded that Kennedy likely breached federal procedures when he reorganized ACIP the previous year.
Kennedy’s newly constituted ACIP, which incorporates several anti‑vaccine advocates, had been slated to meet June 24‑26, but it appears no meeting will take place then. MedPage Today previously sought comment from HHS regarding whether the session would occur, but received no reply.
Kennedy wrote on X, “I have consistently maintained that I do not intend to withdraw vaccines from anyone. Our policy adjustments preserved access and coverage.”
He added, “However, the court’s ruling has left ACIP unable to fulfill its core duties. Consequently, the committee cannot issue new recommendations, evaluate recently approved vaccines, or complete essential work ahead of the fall flu season.”
In an email, AAP legal counsel Richard Hughes IV, MPH, characterized Kennedy’s “alleged concern that the imminent respiratory virus season warrants expedited action” as a distraction.
“Vaccine manufacturers have already prepared updated versions of the annual flu shot, as they do each year,” Hughes noted. “Insurers have pledged that they ‘will continue covering all ACIP‑recommended immunizations with no cost‑sharing through the end of 2027.’”
Furthermore, the recent ruling “did not bar a lawfully constituted ACIP from meeting,” he observed. “The Secretary possesses lawful avenues to restore ACIP. He seeks only the unlawful configuration and is fabricating a crisis to hasten reinstatement of those improper appointments. We will not facilitate that.”