Robert F. Kennedy Jr. lost in court, so he rewrote the rules.

On April 6, the Department of Health and Human Services published a renewed charter for the Advisory Committee on Immunization Practices (ACIP), the panel that guides the CDC on vaccine recommendations including the childhood immunization schedule. The changes arrive three weeks after a federal judge blocked Kennedy’s hand-picked panel members for lacking relevant expertise.

The most telling edit is surgical. Where the old charter said members “shall be selected by the Secretary,” the new version says they “shall be selected and appointed by the HHS Secretary.” The added word appears to cement Kennedy’s unilateral authority to install members.

The new charter also broadens the expertise requirements. Where the previous version specified knowledge of immunization practices, vaccine research, and clinical medicine, the renewal adds biostatistics and toxicology among acceptable specialties — legitimate fields that are not centered on vaccine science and could accommodate appointees more aligned with Kennedy’s long-held skepticism of vaccine safety.

Two former ACIP members told Reuters the changes appear designed to widen the pool of eligible appointees. That widening matters because US District Judge Brian Murphy ruled on March 16 that Kennedy’s picks were “distinctly unqualified,” with only six of 15 members having meaningful vaccine experience. Murphy found the panel violated the Federal Advisory Committee Act and suspended all ACIP activity, temporarily reversing Kennedy’s changes — including dropping recommendations for COVID-19 vaccines and the Hepatitis B birth dose.

HHS spokesperson Andrew Nixon said the ACIP charter renewal and publication “are routine statutory requirements and do not signal any broader policy shift.” The timing complicates that claim: the changes follow a March 25 letter from attorney Aaron Siri, representing the anti-vaccine group Informed Consent Action Network, that urged Kennedy to revise the membership criteria.

The Trump administration has not appealed Murphy’s ruling but retains a 60-day window to do so. The ACIP panel remains suspended.

Sources