Federal Judge Allows States to Challenge CDC’s Revised Childhood Vaccine Recommendations

A federal judge in San Francisco, Vince Chhabria, issued a five-page order allowing a coalition of 13 Democratic-led states, together with California and Arizona, to continue a lawsuit challenging the CDC’s overhaul of the childhood immunization schedule. The court rejected the administration’s claim that the states’ alleged injuries were too speculative, finding they could face higher healthcare costs and administrative work as the CDC demoted seven vaccines—from the hepatitis B birth dose to rotavirus, meningococcal, hepatitis A, influenza, Covid-19 and RSV—from universal recommendation to a “shared clinical decision-making” model.

Chhabria noted that such a shift could reduce overall vaccine uptake and raise the risk of disease outbreaks. He also held that the states suffer tangible financial and regulatory harms because the CDC’s baseline guidance shapes state vaccine laws. However, the judge tossed claims related to the states’ own statutes linking to the advisory committee’s advice and denied standing to challenge the appointment of the advisory council members.

The states were granted 21 days to file an amended complaint. The case follows earlier litigation, including a Massachusetts judge’s injunction against similar CDC changes.