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ACP, others file suit against HHS, Secretary Kennedy for vaccine changes

ACP filed a lawsuit July 7 with the American Academy of Pediatrics, American Public Health Association, Infectious Diseases Society of America, Massachusetts Public Health Alliance, Society for Maternal-Fetal Medicine, and a pregnant patient to defend vaccine policy and end the assault on science, public health, and evidence-based medicine.

ACP and others involved in the case are suing the U.S. Department of Health and Human Services (HHS) and Secretary Robert F. Kennedy Jr. for acting arbitrarily and capriciously by unilaterally changing COVID-19 vaccine recommendations for children and pregnant people. Secretary Kennedy also unjustly dismissed 17 members of the CDC's Advisory Committee on Immunization Practices (ACIP) and appointed replacements who have historically espoused antivaccine viewpoints and who proceeded to undermine the science behind vaccine recommendations. The lawsuit asks for preliminary and permanent injunctions to enjoin Secretary Kennedy's rescissions of COVID-19 vaccine recommendations and a declaratory judgment pronouncing the change in recommendations as unlawful.

“Destabilizing a trusted source and its evidence-based process for helping guide decision-making for vaccines to protect the public health in our country erodes public confidence in our government's ability to ensure the health of the American public and contributes to confusion and uncertainty,” ACP President Jason M. Goldman, MD, MACP, stated. “As physicians, we require reliable, science-based guidance that is based on the best available evidence, developed through an evidence-based and transparent process, to ensure the safety, welfare, and lives of our patients.”

ACP concerned by recent Supreme Court decisions on health care protections

ACP has issued three statements voicing concern about recent Supreme Court rulings that could have significant consequences for patient care and health equity.

ACP expressed relief that the U.S. Supreme Court upheld the constitutionality of appointing members to the U.S. Preventive Services Task Force (USPSTF) but remains deeply concerned that without additional guardrails, the integrity and effectiveness of the USPSTF may be undermined. The Affordable Care Act relies on this expert panel to define which preventive services insurers must cover, and weakening its authority could jeopardize patient access to essential screenings, such as mammograms and colonoscopies. (The scheduled July 11 meeting of the USPSTF was canceled by HHS Secretary Robert F. Kennedy Jr., according to news reports.)

In a statement regarding the United States v. Skrmetti decision, ACP strongly objected to the Court allowing a Tennessee law banning gender-affirming care for minors to remain in effect and emphasizes that such laws interfere with the physician-patient relationship and obstruct access to evidence-based care, posing serious risks to the health and well-being of youth. ACP joined multiple organizations in an amicus brief in response to the ruling.

ACP also expressed concern in a statement in response to the Medina vs. Planned Parenthood South Atlantic decision, which paves the way for states to limit where enrollees in their state Medicaid program can obtain care, without any recourse for those enrollees.