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Biden judge swoops to the rescue for jab industry

March 17, 2026 | | Print Article

Another day, another judge hindering the implementation of the Trump administration’s agenda.

U.S. District Judge Brian E. Murphy, coincidentally appointed by former President Joe Biden, blocked vaccine policy changes from Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. This included the recreation of the Advisory Committee on Immunization Practices (ACIP) as well as a reduction in the number of childhood immunizations recommended.

The motion granted by Murphy was put forward by the American Academy of Pediatrics, which opposes the idea of reducing the childhood immunization schedule and remaking the advisory panel. In making his decision, the judge found that reconstructing the ACIP violated the Federal Advisory Committee Act, which invalidates all votes from the committee made since its change.

“He also found that the CDC bypassing the ACIP when changing the childhood immunization schedule was both a ‘technical, procedural failure’ and ‘an abandonment of the technical knowledge and expertise embodied by that committee,’” The Hill reported.

In his decision, Murphy stated that the “issuance of the January 2026 Memo” wasn’t just “contrary to law,” it was “arbitrary and capricious because it abandoned the agency’s longstanding practice of getting recommendations from ACIP before changing the immunization schedules without sufficient explanation.” This refers to the announcement by the Centers for Disease Control (CDC) announcing the changes to the youth immunization schedule.

Despite acknowledging the “extensive expertise” held by many new members of the ACIP, the judge criticized “glaring gaps” in knowledge “relevant to the functions and tasks performed by the committee.”

“First, of the fifteen members currently on ACIP, even under the most generous reading, only six appear to have any meaningful experience in vaccines—the very focus of ACIP,” he wrote. In addition, he called out Evelyn Griffin, James Pagano, Raymond Pollak, Hillary Blackburn, Joseph Hibbeln, and Kirk Milhoan as members who seem to “lack any expertise or professional qualifications related to vaccines or immunization as required by ACIP’s Charter.”

He also decided that Retsef Levi, Robert Malone, and Catherine Stein do have relevant experience, but they don’t have the qualifications to apply it to policies related to vaccines.

As expected, the HHS will be appealing this ruling.

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