Our Courts Are Deciding the Future of Childhood Vaccines: What Advocates Need to Know. 

President Trump and HHS Secretary Kennedy are reshaping America’s public health infrastructure by taking unprecedented steps to alter the childhood vaccine schedule — changes driven by ideology rather than scientific evidence. These actions have largely gone unchecked by Congress.  

In response, the American Academy of Pediatrics (AAP) and five other leading national medical organizations have taken the Administration to court. With Congress failing to intervene, the courts may be the only path to preserve science-based vaccine policy and protect Americans’ health. A U.S. District Court hearing on Friday, February 13, could determine whether evidence-based vaccine recommendations are restored or if political interference in public health decision-making continues without accountability.  

Unlike prior updates to the vaccine schedule, which followed established scientific review processes, these changes were not prompted by new research or scientific evidence. Instead, they represent a departure from the long-standing practice of relying on independent scientists and medical experts to guide vaccine policy. 

What this administration has done to undermine vaccine access so far: 

• May 2025: Secretary Kennedy unilaterally announced via X that the CDC would no longer recommend COVID-19 vaccines for healthy children or pregnant women. 

• June 2025: Secretary Kennedy dismissed all 17 members of the CDC’s Advisory Committee for Immunization Practices (ACIP), the federal advisory committee responsible for providing vaccine guidance and recommendations to HHS, and then quickly replaced them with new members, many of whom have long espoused views critical of vaccines.  

• December of 2025:  The reconstituted committee removed the recommendation for the universal birth-dose hepatitis B vaccination, a recommendation credited with a 99% decrease in pediatric hepatitis B infections since its introduction in 1991.  

• January 2026: Based on a memo from President Trump, CDC announced a drastically restructured childhood vaccine schedule, including removing routine recommendations for 6 routine vaccines, lowering the number of recommended vaccines from 17 to 11.  

The Lawsuit: AAP vs Kennedy 

In July 2025, AAP, along with the American Public Health Association, the American College of Physicians, the Infectious Diseases Society of America, the Massachusetts Public Health Alliance, and the Society for Maternal-Fetal Medicine, filed a lawsuit against Secretary Kennedy in federal court to safeguard vaccine access. The lawsuit asks the court to restore the vaccine schedule and stop further changes while the case proceeds because Secretary Kennedy’s actions were made without any reasonable basis that complies with the law and the reconstituted ACIP committee violates federal requirements for balanced, independent advisory committees. 

What’s at Stake:  

As part of the lawsuit, the AAP and others are asking the court to temporarily block some of Secretary Kennedy’s changes from taking effect while the court considers the case. On February 13, the court is holding a hearing to determine two critical aspects of the case:  

1. Whether the restructured childhood vaccine schedule can be invalidated and previous science-based recommendations be restored.  

1. Whether the ACIP meeting currently scheduled for February 25-27 and further meetings may be blocked until the case is resolved. 

What the Decision Could Mean 

If the court rules in favor of the AAP: the childhood vaccine schedule will be restored to its prior version and ACIP will not meet in February. This would temporarily preserve the prior evidence-based schedule. The decision would be a win for the public health community and a challenge to Secretary Kennedy’s ongoing attacks against public health.  

If the court denies the injunction: the revised vaccine schedule will remain in place, and ACIP will continue meeting, potentially allowing anti-vaccine rhetoric to continue to spread from the ACIP deliberative process to important decisions that impact vaccine recommendations and broader access to health care.  

Regardless of this initial ruling, the court will consider AAP’s full case at a hearing in March. 

Implications

Secretary Kennedy’s actions have done more than dismantle critical public health mechanisms, they have actively undermined trust in vaccines that have protected children for generations.  For decades, the childhood vaccine schedule has provided clear guidance to physicians and families on preventing the spread of deadly infectious diseases. The new guidelines create confusion for providers and parents alike, and sow distrust among parents who simply want to keep their kids healthy. Models estimate that declines in vaccination rates as a result of this policy will add strain on our health care system, increase direct and indirect medical costs, and lead to more missed school and workdays, adding further burden to already significant societal costs. 

Experts warn that these radical changes are dangerous and will result in “more disease, more infection and more hospitalizations,” said Jesse Goodman, MD MPH, former Food and Drug Administration (FDA) chief scientist.  Early 2026 data already shows concerning trends. As of February 6th, 2026, 60 children have died from the flu this season. Measles cases have already reached over 700 reported cases in the first 6 weeks of 2026, 4 times the amount of measles case in a normal year, and whooping cough cases are soaring nationwide. These are not abstract statistics. Each number represents a child who has experienced preventable disease, and in many cases death, due to the administration’s obsession with ideology over facts. 

Take Action 

While we hope the courts fully exercise their oversight power and hold the executive branch accountable for the harm that it is doing, we should not have to solely rely on the courts as a last resort to protect our health. While AAP and other public health groups have taken the helm in challenging Secretary Kennedy’s actions, Congress must exercise its own power to do more to prevent further destruction of public health systems. The rampant spread of vaccine disinformation, axing of critical public health programs, and cuts to public health funding have thus far faced little, if any, pushback from leaders in Congress who have the power to step in.  

We must call on Congress to exercise their oversight authority over HHS and Secretary Kennedy. The threats to our public health loom large, and we need all types of health care partners to join us in this fight. If you are interested in becoming more involved in the fight to protect access to vaccines and our overall public health infrastructure, join us here.