Informed with Aaron Siri ACIP Members, Malone and Levi, Respond to Judicial Decree
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Mar 20, 2026 
Retsef Levi, MIT risk-analysis professor who focuses on data-driven public-health decision making, and Robert Malone, physician and vaccine researcher with decades in vaccine development and ACIP leadership, react to a federal court’s move affecting ACIP. They discuss legal rationale, governance at HHS and CDC, conflicts over committee process, potential effects on pediatric vaccine programs, and the politics and incentives behind the lawsuit.
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AAP Lawsuit Allegedly Crafted By Outside Law Firm
- Malone recounts AAP sued HHS and CDC, claiming financial harm and driving the venue choice.
- He asserts the suit was crafted by an external law firm and AAP acted as a convenient plaintiff.
Judge Reinterpreted Statute To Require ACIP Preapproval
- The judge held Congress intended CDC must consult ACIP before changing the vaccine schedule and also found ACIP unbalanced under FACA.
- Malone argues the judge cherry-picked statutory snippets and ignored that the CDC director legally makes schedule decisions.
ACIP Needs Diverse Risk And Data Expertise Not Just Vaccine Labels
- Retsef Levi and Malone argue ACIP's charter requires diverse knowledge not a narrow 'vaccine expert' label the judge used.
- Levi stresses the value of risk‑analysis, data science, manufacturing and clinical perspectives on ACIP.