This biweekly update, in collaboration with CIDRAP, covers crucial developments in vaccine policy and public health. We’re excited to share both policy insights and practical information addressing common vaccine-related questions.
Ongoing Legal Battles and ACIP Status
The legal case American Academy of Pediatrics (AAP) v. Kennedy continues, with expedited briefs being exchanged. Simultaneously, the district court has its own proceedings. It’s important to note that the formation of a functional Advisory Committee on Immunization Practices (ACIP) is not dependent on this case’s outcome. A committee could be established promptly if qualified members were appointed through the standard vetting process. The current lack of a quorum is a matter of choice rather than a scheduling issue.
Fall Flu Vaccine Availability
Experts believe flu vaccines will be available this fall even without a fully functioning ACIP. Clinical guidance from the AAP and American Academy of Family Physicians, statutory Medicare Part B coverage, the Vaccines for Children program’s existing resolution, and AHIP’s renewed coverage commitment for the season all support this. While the Affordable Care Act (ACA) requires coverage of ACIP-recommended vaccines, it allows a grace period for new recommendations. As flu strains change annually, the vaccine is considered new each season, making coverage voluntary. Other regulations that reference ACIP for adult Medicaid coverage and pharmacist administration also have technical gaps without a current season recommendation. Historically, decades of annual guidance have ensured flu vaccine availability, and this institutional memory and established workarounds are expected to carry the season forward.
Revised ACIP Charter
The finalized ACIP charter is now public. While earlier versions emphasized vaccine research experience for committee members, the new charter broadly requires a "balanced range of scientific, clinical, and public health expertise." This broader language could allow individuals with less vaccine-specific experience to be appointed.
Significant Legal Cases Settled
Recent weeks have seen the resolution of several high-profile legal challenges, underscoring the shift of focus from state-level policy to individual cases in vaccine policy debates.
- The Supreme Court declined to hear a challenge to New York’s former COVID-19 vaccine mandate for healthcare workers. This decision, for now, prevents workers in the Second Circuit from using religious discrimination claims to avoid employer vaccine requirements backed by a state mandate. The ruling does not set a precedent beyond this circuit.
- A federal court in Texas denied class status to FBI employees challenging the Justice Department’s vaccine mandate on religious grounds.
- The Second Circuit reaffirmed its dismissal of Miller v McDonald, a case where Amish parents challenged New York’s refusal to recognize religious exemptions for vaccines. The court stated that school vaccination requirements are health and safety regulations and do not interfere with religious upbringing. Plaintiffs are expected to seek Supreme Court review again. This decision reinforces the constitutionality of New York’s repeal of religious exemptions for school vaccine requirements in 2019.
- President Trump’s Religious Liberty Commission released a draft report recommending the restoration of benefits for service members who lost them due to religious exemptions to the COVID vaccine. While advisory, this report indicates a potential future focus on religious exemptions.
- A mother who claimed her twins died after vaccination and was a lead plaintiff in a lawsuit against the AAP was indicted on two counts of first-degree murder. Prosecutors allege she suffocated her children. This development highlights that the recommended pediatric vaccine schedule and individual vaccines are safe and effective, and that tragic child deaths are not attributable to them.
Potential for a Permanent CDC Director
Following a period of interim leadership, Dr. Erica Schwartz has been nominated by President Trump to be the permanent Director of the Centers for Disease Control and Prevention (CDC). Her confirmation hearing before the Senate HELP Committee is scheduled for July 15. Dr. Schwartz, a preventive medicine physician with no public record of opposing vaccines, has pledged to divest healthcare holdings and recuse herself from matters involving former employers.
Addressing Common Vaccine Questions
We’ve compiled answers to frequently asked questions about adult vaccines, based on audience submissions and a partnership with the AAFP. Key topics addressed include:
- Flu Shot Misconceptions: The flu shot cannot cause the flu; perceived illness is likely due to unrelated factors or the immune response. It remains highly effective at preventing severe illness and hospitalization.
- HPV Vaccine for Adults: While routine recommendation stops at age 26, individuals aged 27-45 can discuss the HPV vaccine with their doctor, as it is one of the few cancer-preventing vaccines.
- MMR Immunity: For most adults, immunity from the MMR vaccine is generally long-lasting, with the number of doses received being the primary factor.
- MenB Vaccine for Adults: The meningococcal B (MenB) vaccine is not routinely recommended for most healthy adults over 23 but is recommended for specific high-risk groups.
- Adult Vaccine Responsibility: While vaccines are recommended for adults, they are not typically required for school entry as childhood vaccines are. Clinicians should identify due dates, but adults should also be proactive in inquiring about needed vaccines.
A video addressing the importance of community protection through vaccination, particularly for MMR, has also been shared. Your questions about vaccines and policy can be submitted to vaccines@unbiasedscience.com.
Other Developments to Watch
- Federal Chill on Vaccines: Newly released emails suggest that early in his tenure, a federal official directed the CDC to reduce campaigns promoting the flu vaccine.
- COVID-19 Injury Table: The Health Resources and Service Administration (HRSA) is preparing a proposed rule for a COVID-19 injury table under the Countermeasures Injury Compensation Program. This would streamline the process for claimants with listed injuries but will be closely reviewed for adherence to scientific evidence standards.
- MAHA Parent Vaccination Rates: A recent poll indicates that a significant majority of "Make America Healthy Again" parents view the MMR vaccine as important for their families and communities, suggesting that vocal online debates do not represent the entire picture.
Your Voice Matters!
There are opportunities to make your voice heard on important vaccine policy issues:
- Massachusetts Bill H.2554: This bill proposes eliminating religious exemptions for school vaccine requirements. Massachusetts residents are encouraged to contact their legislators before the legislative session ends on July 31st.
- White House Science Funding Proposal: A public comment period is open until July 13th for a proposal that could significantly impact federal science funding and conduct. Individual comments are encouraged.
We will be taking a short summer break and will return on July 30th.