OMG!! COURT STOPS RJK JR.’S NEW IMMUNIZATION SCHEDULE *AND* BLOCKS HIS NEW ACIP MEMBERS AND THEIR VOTES!!
You guys!! Yesterday Judge Brian Murphy, of the Federal District Court of Massachusetts, *blocked* RFK Jr.’s new “immunization lite” schedule, *retroactively blocked* his appointment of 13 new members to his Advisory Committee on Immunization Practices (ACIP), and in so doing also *blocked* every single vote they had taken, some as far back as the first appointments in September!
(“The Court further STAYS all votes taken by the now-stayed ACIP” – OMG I love that *so* much!!)
In a 45-page opinion and order (included for Notes from the Front members), Judge Murphy issues the opening salvo right on the very first page – *by quoting Carl Sagan*!!!!
““Science,” like law, “is far from a perfect instrument of knowledge.” Carl Sagan, The Demon-Haunted World: Science as a Candle in the Dark 29 (1997). History is littered with once-universal truths that have since come under scrutiny. Nevertheless, science is still “the best we have.”
“Procedure is to law what scientific method is to science.” Although sometimes seemingly tedious, “the procedural rules which have been fashioned from the generality of due process are our best instruments for the distillation and evaluation of essential facts from the conflicting welter of data that life and our adversary methods present.”
“For our public health, Congress and the Executive have built – over decades – an apparatus that marries the rigors of science with the execution and force of the United States government.”
You just know that RFK Jr., or at least his legal minions, read that opening bit and thought “Oh no, here comes a spanking.”
He then goes on to explain that ACIP was founded in 1964, and for all those years – up until *now* – it had been a force for good, providing expert guidance on immunizations; sound advice based on scientific methods. But that was then, this is now. Says the good judge:
“Unfortunately, the Government has disregarded those methods and thereby undermined the integrity of its actions. First, the Government bypassed ACIP to change the immunization schedules, which is both a technical, procedural failure itself and a strong indication of something more fundamentally problematic: an abandonment of the technical knowledge and expertise embodied by that committee. Second, the Government removed all duly appointed members of ACIP and summarily replaced them without undertaking any of the rigorous screening that had been the hallmark of ACIP member selection for decades. Again, this procedural failure highlights the very reasons why procedures exist and raises a substantial likelihood that the newly appointed ACIP fails to comport with governing law.”
It’s amazing how well Judge Murphy can convey what he is *actually* thinking through such otherwise dry language!
He then goes through the factual background of the case, including something I hadn’t even known: When the American Academy of Pediatrics (AAP) countered the CDC’s new immunization schedule by putting out a recommended immunization schedule of their own, RFK Jr. took to social media and *threatened* the AAP with the potential for legal action! (He has learned well at the knee of his president.)
Somewhat humourously (at least if you have a dark sense of humour, as do I), his threat was that they would not be shielded by the Vaccine Injury Act, thus perhaps showing his hand as to part of what is behind the diminution of the recommended vaccines and immunization schedule: perhaps they are trying to *save money* by avoiding paying out compensation through the current National Vaccine Injury Compensation program, through which the Federal government pays compensation to people who are injured by vaccines. (How many of you knew about that? It’s been around since 1986, it’s one of the government’s dirty little secrets.) Of course this is pure conjecture on my part – true, it’s conjecture based on knowledge and education, but conjecture nonetheless.
This opinion is a delight – I highly recommend reading the whole thing (included for Notes from the Front members); I promise it will hearten you and elevate your mood!
Notes from the Front members: This delightful 45-page opinion and order are in your inbox now!
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