US Appeals Court Reviews Injunction on Kennedy’s ACIP Appointees

The Trump administration is challenging a judicial order that blocked 13 of Health Secretary Robert F. Kennedy Jr.’s appointees to the Advisory Committee on Immunization Practices (ACIP). This order has prevented the panel from issuing federal vaccine recommendations. The 1st U.S. Circuit Court of Appeals is reviewing the March 16 ruling by U.S. District Judge Brian Murphy, which halted the appointments because of alleged non-compliance with federal statutes.

"We're asking the court to vacate the order on the appointments so that the secretary can reconstitute the committee and get it back to work," said Matthew Zorn, an attorney for the U.S. Justice Department, during the proceedings.

Legal Challenges and Operational Impact

Judge Murphy’s original order concluded that the appointments failed to meet the requirements of the Federal Advisory Committee Act (FACA). Under FACA, advisory panels must maintain a "fairly balanced" membership to prevent conflicts of interest and ensure a diversity of viewpoints. The court’s intervention has stalled the committee's operations, leading to the cancellation of two scheduled meetings. A third meeting, slated for October 21-23, remains at risk of cancellation if the injunction is not lifted.

During the appeals hearing, the bench questioned the reach of the lower court’s decision.

"It's hard to know precisely what harm this relief was designed to address," said Chief U.S. Circuit Judge David Barron.

The Role of FACA in Federal Governance

The Federal Advisory Committee Act, enacted in 1972, is the primary mechanism for regulating how federal agencies utilize advisory boards. It requires that committees be established for a defined purpose, that their meetings be open to the public, and that their advice be independent and transparent. By challenging the appointments under FACA, plaintiffs in the original district court case argued that the selection process lacked the balance required for an entity that shapes national public health policy.

For the Department of Health and Human Services, the inability to convene the ACIP creates a backlog in policy guidance. The committee is responsible for providing recommendations on vaccine usage, which guide clinical practice and determine insurance coverage standards across the United States.