“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,” Judge Murphy wrote.
Earlier this month, 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. Murphy clearly disagreed.
The ruling lands, as expected, days before Kennedy’s ACIP planned to meet (March 18–19) to discuss alleged COVID-19 vaccine injuries.
“‘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.’”