Appeals court in Boston hears Kennedy’s bid to revive the slimmed-down childhood vaccine schedule
Why it matters
This lawsuit decides whether the January 2026 schedule overhaul and Kennedy’s new ACIP can take effect at all. Until the First Circuit rules, the old schedule stays in force and the reconstituted vaccine committee cannot vote.
On October 6, 2026, the U.S. Court of Appeals for the First Circuit heard oral argument in American Academy of Pediatrics v. Kennedy. The administration is asking the court to lift a March 16 preliminary injunction from U.S. District Judge Brian Murphy.
That order found that HHS unlawfully replaced the members of the Advisory Committee on Immunization Practices. It blocks the January 5 schedule that cut routinely recommended childhood immunizations to 11 diseases, the appointments of 13 ACIP members, and the votes of the reconstituted committee, including the December 2025 hepatitis B birth-dose vote. The medical groups argue the changes broke the Administrative Procedure Act and the Federal Advisory Committee Act. Children’s Health Defense has also sought to intervene in the case.
The district case is paused while the appeal is pending, ACIP has not met, and no date has been set for a decision. We will post the ruling the day it comes down.
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