A lawyer for the Trump administration told a federal judge Wednesday that anti-vaccine Health Secretary Robert F. Kennedy Jr. has such ample authority over the country’s vaccine policies that he is “unreviewable.” His unfettered powers even allow Kennedy the freedom to recommend, if he chose to do so, that people ditch vaccines and actively expose themselves to infectious diseases, the lawyer argued, according to Reuters.
The comments came amid a lawsuit filed against Kennedy by the American Academy of Pediatrics, several other medical groups, and three anonymous women. The suit challenges a number of Kennedy’s actions on vaccine policy since he took office, including his unilateral changes to COVID-19 vaccine policies, his firing of all 17 expert vaccine advisors for the Centers for Disease Control and Prevention—whom Kennedy replaced with hand-picked anti-vaccine allies—and his decision to dramatically overhaul the CDC’s childhood vaccine schedule to match that of the small country of Denmark, dropping the total number of recommended vaccinations from 17 to 11 and making the US an outlier among high-income countries.
The groups are seeking a preliminary injunction to block the vaccine policy changes and bar the new advisors from meeting. Their next meeting is scheduled for March 18–19.
US Department of Justice lawyer Isaac Belfer argued that Kennedy has the broad authority to make all of the changes he has already made and more. He claimed that the AAP and other medical groups were asking the court to “supervise vaccine policy indefinitely.”
US District Judge Brian Murphy overseeing the case in Boston appeared skeptical of the suggestion that Kennedy has seemingly limitless authority over federal vaccine policy.
“Is it your position that [Kennedy] is totally unreviewable?” Murphy asked Belfer, according to Reuters. “If the secretary said instead of getting a shot to prevent measles I think you should get a shot that gives you measles, is that unreviewable?”
“Yes,” Belfer replied.
Belfer, arguing on behalf of the Department of Health and Human Services, said the medical organizations were merely seeking to use the courts to enact their favored vaccine policy. But the lawyer for the groups, James Oh, countered that the vaccine policy changes—which were not carried out with typical processes and lack supporting scientific evidence—were done improperly and without reasoned decision-making.
Kennedy’s vaccine policy changes are the “actions of someone who believes he can do whatever he wants,” Oh said, according to Stat News.
Murphy indicated he would issue a ruling on the injunction before the CDC vaccine advisors plan to meet on March 18, calling it a “hard deadline.”
