Daijiworld Media Network – Washington
Washington, Jun 18: The administration of US President Donald Trump has urged a federal appeals court to overturn a ruling that blocked appointees selected by Health Secretary Robert F. Kennedy Jr. from serving on a key vaccine advisory panel, arguing that the decision has hampered the government's ability to issue timely vaccine recommendations.
In a brief filed before the 1st US Circuit Court of Appeals, the US Department of Justice challenged part of a March 16 ruling by US District Judge Brian Murphy, which barred most of Kennedy's appointees from serving on the CDC's Advisory Committee on Immunization Practices (ACIP).
The administration argued that the ruling has effectively left the committee without a quorum, preventing it from carrying out important functions, including issuing annual recommendations on influenza vaccines.
However, the Justice Department said it was not appealing the portion of the ruling that blocked efforts to reduce the number of routinely recommended childhood vaccinations. As a result, the CDC's January 5 move to scale back certain childhood vaccine recommendations remains on hold.
The administration is also not contesting Murphy's decision to set aside other votes taken by ACIP under Kennedy's leadership, including recommendations affecting hepatitis B vaccinations for newborns and broader COVID-19 vaccine guidance.
The appeal focuses specifically on Murphy's decision to prevent 13 of the committee's 15 members from serving after he found their appointments had been made through what he described as a "tainted" process that violated the Federal Advisory Committee Act.
The dispute arose after Kennedy, a longtime vaccine sceptic, removed all 17 independent experts previously serving on ACIP and appointed a new panel after assuming leadership of the US Department of Health and Human Services.
The Justice Department argued that federal law does not provide courts with authority to evaluate the qualifications of individual advisory committee members and that Murphy exceeded his judicial role by scrutinising the appointments.
"A federal judge who substitutes his own assessment of those questions has crossed the line between judicial review and executive staffing," the department stated in its filing.
The administration further warned that the ruling could impede the government's response to future public health emergencies. It argued that if a new pathogen were to emerge, any effort to appoint additional committee members would require court approval, delaying urgent decision-making.
Meanwhile, attorney Richard Hughes, representing the American Academy of Pediatrics and other medical groups that challenged the vaccine policy changes, expressed confidence that the ruling would be upheld.
Hughes said the appeal demonstrated Kennedy's intention to install individuals who would reshape vaccine policy rather than restore confidence in the system.
In his original ruling, Murphy found that Kennedy had paid insufficient attention to legal requirements that advisory panels be balanced and composed of qualified experts, stating that several appointees lacked meaningful experience in vaccine science.
The 1st Circuit Court of Appeals has agreed to expedite the case, with all briefs scheduled to be filed by late July.