Two Democratic state attorneys general announced on Tuesday that a coalition of states would bring a multistate lawsuit against the federal administration over recent revisions to the nation’s childhood vaccine schedule and related personnel changes at the Centers for Disease Control and Prevention.
The attorneys general of California and Arizona said the complaint, to be filed in a Northern California federal court, will be joined by 14 states and Pennsylvania’s Democratic governor, Josh Shapiro. A press release accompanying the announcement named additional participating states including Connecticut, Michigan, New Jersey and Wisconsin.
The litigation targets a set of changes to the CDC’s immunization schedule that removed universal recommendations for vaccines against COVID-19, rotavirus, influenza, meningococcal disease, hepatitis A and hepatitis B. The updated guidance shifts those recommendations to a framework the agency describes as "shared clinical decision-making," advising parents to consult with health care providers.
The complaint will also challenge the replacement of members on the CDC’s Advisory Committee on Immunization Practices, a panel that advises the agency on vaccination policy. That panel’s meeting that had been scheduled in February was canceled, and it is now set to convene in March.
Medical organizations and public health experts have warned that the policy changes could reduce inoculation rates. A separate legal action previously filed by the American Academy of Pediatrics and other leading medical organizations argued that the policy overhaul was unlawful and not supported by scientific evidence; the multistate lawsuit will mirror that challenge.
An attorney for the U.S. Department of Justice said at a hearing earlier this month that the U.S. health agency was not pursuing an anti-vaccine agenda. A Massachusetts federal judge has not yet issued a decision in the case brought by medical organizations.
The announcement also highlighted that U.S. Health and Human Services Secretary Robert F. Kennedy Jr. has significantly altered longstanding vaccine policies since assuming his post. The states' complaint will set these changes and the advisory committee replacements at the center of their legal challenge.
Next steps - The multistate complaint is to be filed in Northern California federal court, where the parties will seek judicial review of the CDC schedule changes and the personnel moves affecting the advisory committee.