“In short, these decisions have historically followed a method—a scientific approach enshrined in law through procedural requirements,” Judge Murphy wrote.
“Regrettably, the Government ignored those processes and in doing so compromised the integrity of its actions,” he wrote. “To begin with, the Government circumvented ACIP when altering the immunization schedules — a technical and procedural lapse in itself and a clear sign of a deeper problem: a rejection of the committee’s technical expertise. Next, the Government removed every properly appointed ACIP member and promptly installed replacements without conducting the thorough vetting that had characterized ACIP appointments for decades. This procedural lapse, once more, underscores why such procedures exist and creates a substantial likelihood that the reconstituted ACIP does not comply with governing law.”
Criticism of ACIP members
The judge also condemned the dismissal of former ACIP members, the seeming absence of vetting for replacements, and the apparent lack of relevant qualifications, even identifying individuals by name.
“To start, out of fifteen current ACIP members, at most six seem to possess substantive vaccine experience—the central purpose of ACIP,” he wrote (emphasis his).
“At least six members—Dr. Hillary Blackburn, Dr. Evelyn Griffin, Dr. Joseph Hibbeln, Dr. Kirk Milhoan, Dr. James Pagano, and Dr. Raymond Pollak—seem devoid of expertise or professional credentials in vaccines or immunization as ACIP’s Charter requires,” he wrote. “A further three of the current ACIP members—Dr. Retsef Levi, Dr. Robert Malone, and Dr. Catherine Stein—while possessing some arguably related experience, appear not to hold the qualifications or background to be considered experts in vaccines and immunization.”
Overall, Judge Murphy contended that Kennedy’s personally chosen advisors do not satisfy ACIP’s charter criteria, which demand members be conversant in pertinent disciplines. They likewise fall short of federal rules calling for advisory committees to be “fairly balanced” in reflecting perspectives within those fields.
