RFK Jr.’s anti-vaccine policies are 'unreviewable,' DOJ lawyer tells judge

Source: Ars Technica

Background

U.S. Department of Justice lawyer Isaac Belfer argued that Robert F. Kennedy Jr. has broad authority to make the vaccine policy changes he has already implemented and to make additional changes. He claimed that the American Academy of Pediatrics (AAP) and other medical groups were asking the court to “supervise vaccine policy indefinitely.”

Court Hearing

U.S. District Judge Brian Murphy, overseeing the case in Boston, appeared skeptical of the suggestion that Kennedy possesses 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?”

Belfer replied, “Yes.”

Arguments

• Department of Justice (on behalf of HHS): Belfer argued that the medical organizations were merely seeking to use the courts to enact their favored vaccine policy.

• Medical groups (represented by James Oh): Oh countered that the vaccine policy changes—implemented without typical processes and lacking supporting scientific evidence—were done improperly and without reasoned decision‑making. He described Kennedy’s actions as those of “someone who believes he can do whatever he wants,” citing Stat News.

Next Steps

Judge Murphy indicated he would issue a ruling on the injunction before the CDC vaccine advisors’ meeting on March 18, calling it a “hard deadline.”