
"Today, faced with Plaintiffs' motion for preliminary relief, the Court concludes that Plaintiffs are likely to succeed in showing that the reconstitution of ACIP and the January 2026 changes to the childhood immunization schedule violate the Administrative Procedure Act."
"US Department of Justice lawyer Isaac Belfer, defending Kennedy and the Health Department, argued that Kennedy's actions as health secretary were wholly "unreviewable" and that he could, without question, advise Americans to actively infect themselves with measles rather than get a vaccine against the disease if he wanted."
"'Science,' like law, 'is far from a perfect instrument of knowledge,' Murphy wrote in his ruling, quoting Sagan. 'Nevertheless, science is still the best we have.'"
Judge Murphy ruled that plaintiffs are likely to succeed in demonstrating that the reconstitution of ACIP and modifications to the childhood immunization schedule violate the Administrative Procedure Act. The Department of Justice had argued that the health secretary's actions were entirely unreviewable and that the secretary could advise Americans to deliberately infect themselves with measles instead of vaccinating. The judge rejected this position. The ruling occurred before a scheduled ACIP meeting to discuss alleged COVID-19 vaccine injuries. The judge emphasized that while science is imperfect, it remains the best instrument of knowledge available.
#administrative-procedure-act #acip-reconstitution #immunization-policy #judicial-review #health-secretary-authority
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