Judge Denies HHS Effort to Dismiss Vaccine Policy Lawsuit

January 8, 2026

On Tuesday, a judge said he will allow the American Academy of Pediatrics (AAP) and other medical groups to continue their lawsuit against the Department of Health and Human Services (HHS) over federal vaccine policy and advisers.

The lawsuit challenges HHS Secretary Robert F. Kennedy Jr.’s changes to COVID-19 vaccine policy without scientific evidence and his decision to replace members of the Centers for Disease Control and Prevention’s (CDC’s) Advisory Committee on Immunization Practices (ACIP) with people who lack the credentials and required experience.

“Today’s ruling moves our case forward and reinforces our commitment to challenge unlawful changes to vaccine policy,” said AAP President Andrew D. Racine, M.D., Ph.D., FAAP. “The American Academy of Pediatrics will continue to take all necessary actions to safeguard children’s health. We brought this suit because our nation’s vaccine policy must be driven by evidence and lawful process, not by arbitrary shifts divorced from science.”

The ruling followed Kennedy’s announcement on Monday that overhauls the CDC’s immunization schedule and removes universal recommendations from six childhood vaccines without scientific evidence for doing so. The new schedule is similar to Denmark’s, which has one of the lowest numbers of recommended childhood vaccines among peer nations with just 10. The AAP and other medical groups said they are exploring all available options in response to these unprecedented changes.

On Tuesday, the West Coast Health Alliance said it plans to continues to recommend vaccination in alignment with the AAP Recommended Child and Adolescent Immunization Schedule. AAP recommendations consider the risk of diseases in the U.S. among other factors.

The AAP also was in court in Washington, D.C., Tuesday in a separate case against HHS over its termination of seven federal grants totaling nearly US$12 million in retaliation for the AAP speaking out against the administration’s actions that have threatened children’s health. The AAP is asking a judge to restore the grants while the case proceeds and is awaiting a ruling.

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First Measles Cases of 2026 Show Continuation of Outbreaks

All new measles cases derive from outbreaks started last year

January 8, 2026

As of Jan.6, three confirmed measles cases were reported in the United States in 2026, according to the Centers for Disease Control and Prevention database. North Carolina and South Carolina reported the cases with no cases reported among international visitors.

For the full year of 2025, the CDC reported 2,144 confirmed measles cases in the U.S. (The CDC is aware of probable measles cases still being reported by jurisdictions and this number is likely to grow higher.) Among these, 2,119 measles cases were reported by 44 states, and 25 measles cases were reported among international visitors.

In 2025, the CDC confirmed 49 outbreaks, and 88% of confirmed cases (1,884 of 2,144) are outbreak-associated. For comparison, 16 outbreaks were reported during 2024 and 69% of cases (198 of 285) were outbreak-associated.

As CMM previously reported, the U.S. is experiencing the highest number of cases in more than 30 years as measles-mumps-rubella (MMR) vaccination rates dwindle. In January 2025, a large measles outbreak in Texas spread to several states, followed by large outbreaks along the Arizona-Utah border and in South Carolina that continue to cause infections. As of Jan. 6, The South Carolina Department of Public Health has reported 214 cases since July 9, 2025. Additionally, state health departments report that as of Jan. 6, 176 cases have been confirmed in Utah  while 214 cases have been confirmed in Arizona.

In November, the Americas arm of the World Health Organization (WHO) said the continued measles spread in Canada, Mexico, and the U.S. caused the region to lose its measles-free status. As of October, endemic transmission of measles has been reestablished in Canada, where the virus has circulated for at least 12 months. 

The U.S. is set to lose its measles-free status this month, however Reuters reported that U.S. health officials are working to prove that ongoing measles outbreaks are not related to last year’s outbreak in Texas. To be considered measles-free by the WHO, a country must have no locally transmitted cases of the same strain for 12 months or longer.

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