Appeals court weighs block on Robert F. Kennedy Jr.'s vaccine panel appointments

On October 6, 2026, the U.S. Court of Appeals for the First Circuit weighed whether to lift a March 2026 block on 13 of Health Secretary Robert F. Kennedy Jr.'s appointees to the Advisory Committee on Immunization Practices. The Trump administration argued the block deprives the panel of a quorum, halting meetings ahead of flu season. Medical groups, including the American Academy of Pediatrics, defended the block, arguing the appointees lack required expertise under federal law.

Appeals court questions jurisdiction and ruling

• ▪Chief Judge David Barron and other judges on the U.S. Court of Appeals for the First Circuit panel questioned the legal basis and justification for the lower court's ruling blocking the appointments.
• ▪On October 6, 2026, Chief Judge David Barron of the U.S. Court of Appeals for the First Circuit questioned if the court has jurisdiction because the stay on Robert F. Kennedy Jr.'s appointments has the practical effect of an injunction.

District court ruling and scope of appeal

• ▪Judge Brian Murphy's March 2026 ruling also blocked a January 5, 2026 move by the Centers for Disease Control and Prevention to reduce routinely recommended childhood vaccinations.
• ▪The Trump administration appealed only the ban on the 13 committee members serving, opting not to appeal the blocked changes to the childhood immunization schedule.
• ▪In March 2026, U.S. District Judge Brian Murphy blocked 13 of Health and Human Services Secretary Robert F. Kennedy Jr.'s appointees from serving on the Advisory Committee on Immunization Practices.

Injunction's impact on committee meetings

• ▪The Advisory Committee on Immunization Practices has not met since the March 2026 ruling, canceling two meetings, with a third meeting scheduled for October 21–23, 2026 at risk.
• ▪Justice Department attorney Matthew Zorn argued that the injunction against the appointees deprives the Advisory Committee on Immunization Practices of the quorum needed to make vaccine recommendations.

Lawsuit over vaccine panel appointments

• ▪In 2025, Health and Human Services Secretary Robert F. Kennedy Jr. dismissed all 17 independent experts on the Advisory Committee on Immunization Practices and appointed new members, including vaccine skeptics.
• ▪Judge Brian Murphy ruled that Robert F. Kennedy Jr.'s appointees, which included Dr. Robert Malone and Retsef Levi, were distinctly unqualified to serve on the vaccine advisory committee.
• ▪The American Academy of Pediatrics and other medical groups sued to block Robert F. Kennedy Jr.'s appointments, arguing they lacked the required expertise and balanced views.

Federal Advisory Committee Act requirements

• ▪Judge Brian Murphy concluded that Robert F. Kennedy Jr. failed to comply with the Federal Advisory Committee Act, which requires federal advisory bodies to maintain a balanced membership.
• ▪Plaintiffs' attorney Andrew Pincus argued that the Federal Advisory Committee Act's requirements of fair balance and expertise are essential safeguards for public health.

Debatable claims

• ▪The appeals court should lift the block on Robert F. Kennedy Jr.'s vaccine panel appointments
• ▪Robert F. Kennedy Jr.'s vaccine panel appointments violated federal balance and expertise requirements
• ▪The Federal Advisory Committee Act's balance requirements are essential safeguards for public health