A federal appeals court heard arguments Tuesday over whether to lift a lower-court order that blocks 13 appointees selected by Health Secretary Robert F. Kennedy Jr. from serving on the CDC’s vaccine advisory committee. The three-judge panel did not announce a decision at the hearing.
The dispute concerns the membership of the Advisory Committee on Immunization Practices, or ACIP, which reviews vaccine evidence and makes recommendations that shape federal policy, clinical practice and insurance coverage.
What the administration appealed
U.S. District Judge Brian Murphy ruled March 16 that the panel had not been constituted in compliance with federal requirements for balance and relevant expertise. He blocked 13 appointees from serving, set aside several committee votes and invalidated a January change to the childhood immunization schedule.
The Trump administration’s appeal is narrower than the full March ruling. At Tuesday’s hearing, a Justice Department lawyer asked the 1st U.S. Circuit Court of Appeals to vacate the portion blocking the 13 appointees, arguing that the order prevents the committee from reaching a quorum and doing its work.
The administration did not appeal the portions of Murphy’s ruling that set aside the January schedule change or earlier committee votes, Reuters reported.
What the judges questioned
Members of the appellate panel questioned whether the lower-court order adequately explained the legal basis and harm addressed by blocking the appointments. Lawyers for the medical groups that brought the lawsuit argued the restriction should remain because it protects the committee’s scientific integrity and public health.
ACIP has canceled two meetings since the March ruling. A meeting scheduled for Oct. 21–23 could also be affected if the panel is not reconstituted. That is a possible consequence, not a confirmed cancellation.
No appellate ruling was issued Tuesday, and the hearing itself does not change current vaccine recommendations. Patients should continue to use current CDC guidance and consult qualified clinicians about individual vaccination decisions.
For related disease-surveillance coverage, see New York’s measles emergency and vaccination response. Visit Health News for verified policy and outbreak updates.
Sources
- Reuters hearing report, Oct. 6, 2026
- Reuters lower-court report, March 16, 2026
- CDC Advisory Committee on Immunization Practices
Featured image credit: CDC/Unsplash.