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

US Department of Justice lawyer Isaac Belfer argued that Kennedy has the broad authority to make all of the changes he has already made and more. He claimed that the AAP and other medical groups were asking the court to “supervise vaccine policy indefinitely.”

US District Judge Brian Murphy overseeing the case in Boston appeared skeptical of the suggestion that Kennedy has 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?”

“Yes,” Belfer replied.

Belfer, arguing on behalf of the Department of Health and Human Services, said the medical organizations were merely seeking to use the courts to enact their favored vaccine policy. But the lawyer for the groups, James Oh, countered that the vaccine policy changes—which were not carried out with typical processes and lack supporting scientific evidence—were done improperly and without reasoned decision-making.

Kennedy’s vaccine policy changes are the “actions of someone who believes he can do whatever he wants,” Oh said, according to Stat News.

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

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Top pediatricians buck RFK Jr.’s anti-vaccine meddling on COVID shot guidance

“It’s clear that we’re in a different place in the pandemic than we were four or five years ago in terms of risks to healthy older kids,” Sean O’Leary, chair of the AAP Committee on Infectious Diseases (COID), said in a statement. However, “the risk of hospitalization for young children and those with high-risk conditions remains pretty high.”

According to CDC data, the rate of COVID-19 hospitalization in children under 2 is the highest among any pediatric group. Further, the rate of hospitalization among children 6 months to 23 months is comparable to that of adults ages 50 to 64. Critically, more than half of children ages 6 months to 23 months who are hospitalized for COVID-19 have no underlying medical condition that puts them at high risk for severe infection.

For children 2 to 18, the AAP recommends COVID-19 shots for children who have a medical condition that puts them at high risk, are residents of care facilities, have never been vaccinated, or have household contacts who are at high risk of severe COVID-19. All other children and teens should also have access to updated seasonal shots if they desire them, the AAP says.

“The AAP will continue to provide recommendations for immunizations that are rooted in science and are in the best interest of the health of infants, children, and adolescents,” Kressly said. “Pediatricians know how important routine childhood immunizations are in keeping children, families, and their communities healthy and thriving.”

Coverage questions

With school starting, COVID-19 cases ticking up around the country, and cold-weather respiratory virus season looming, the question now is how the conflicting recommendations will be interpreted by insurance companies. Insurers are required to cover vaccines recommended by the CDC. But there is no such obligation for recommendations from medical groups.

AAP has been holding meetings with insurers to press for continued coverage of evidence-based vaccine recommendations.

O’Leary told The Washington Post that insurers are “signaling that they are committed to covering our recommendations.” The Post also noted that AHIP, the major insurance lobby, released a statement in June saying its members are committed to “ongoing coverage of vaccines to ensure access and affordability for this respiratory virus season.”

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Medical groups warn Senate budget bill will create dystopian health care system

Medical organizations are blasting the Senate’s budget bill in the wake of its narrow passage Tuesday, warning of the dystopian health care system that will arise from the $1.1 trillion in cuts to Medicaid and other federal health programs if it is passed into law. The bill has moved back to the House for a vote on the Senate’s changes.

Over the weekend, an analysis from the Congressional Budget Office estimated that 11.8 million people would lose their health insurance over the next decade due to the cuts to Medicaid and other programs. Those cuts, which are deeper than the House’s version of the bill, were maintained in the Senate’s final version of the bill after amendments, with few concessions.

Organizations representing physicians, pediatricians, medical schools, and hospitals were quick to highlight the damage the proposal could cause.

The president of the American Academy of Pediatrics, Susan Kressly, released a stark statement saying the legislation “will harm the health of children, families, and communities.” The cuts to Medicaid and the Supplemental Nutrition Assistance Program (SNAP) will mean that “many children will not have healthy food to eat. When they are sick, they will not have health insurance to cover their medical bills—which means some children will simply forgo essential health care.” And the cuts are so deep that they will also have “devastating consequences that reach far beyond even those who rely on the program,” Kressly added.

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