AAP Vaccine Lawsuit: Judge Delays Ruling After HHS Arguments

BOSTON — A federal judge in Boston reserved judgment on Wednesday following a day of arguments in a lawsuit brought by the American Academy of Pediatrics (AAP) against the Department of Health and Human Services (HHS) over recent changes to childhood vaccine policy. Judge Brian E. Murphy of the U.S. District Court for the District of Massachusetts requested additional information from the DOJ regarding declarations submitted by the AAP, including one from its immediate past president, Susan Kressley.

The lawsuit originated after HHS Secretary Robert F. Kennedy Jr. Announced plans to remove the COVID-19 vaccine from the recommended childhood immunization schedule. Still, the AAP’s challenge has expanded to include concerns about the composition of the Advisory Committee on Immunization Practices (ACIP), the panel that advises the Centers for Disease Control and Prevention (CDC) on vaccine recommendations and the revised vaccine schedule published in January 2026.

During the February 13th hearing, the AAP argued that the alterations to vaccine policy implemented by Secretary Kennedy’s HHS were unlawful and lacked scientific justification, according to reporting from NewsDirectory3.com. The organization alleges that the changes were made unilaterally, without sufficient consideration of established scientific evidence. The AAP also voiced concerns about the qualifications of individuals appointed to the reconstituted ACIP, suggesting they may not possess the necessary credentials to provide sound vaccine guidance.

Judge Murphy, who assumed his position on December 6, 2024, following the vacancy created by Judge Patti B. Saris’s move to senior status, has given the Department of Justice until the end of Wednesday to respond to the AAP’s declarations. He previously denied a government motion to dismiss a similar case brought by the AAP in January, according to the American Academy of Pediatrics.

The judge’s decision to reserve judgment comes amid a broader shakeup at HHS as the White House prepares for the midterm elections, according to a report from February 13, 2026. The AAP stated it will “continue to accept all necessary actions to safeguard children’s health” and that “nation’s vaccine policy must be driven by evidence and lawful process, not by arbitrary shifts divorced from science.”