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The Emails Show Why We Sued Robert F. Kennedy Jr.

When internal CDC and HHS emails from Robert F. Kennedy Jr.’s first months as HHS secretary were exposed in late June, they offered a rare window into Washington: a real-time glimpse into what officials were attempting to do behind closed doors.

Read quickly, the emails can seem like bureaucratic noise — staff requesting files, lawyers reviewing protocols, and career officials explaining committee structures.

But read together, they tell a far more consequential story. They reveal an administration attempting to remake the machinery of public health from the inside — not by producing new scientific evidence or persuading experts, but by systematically dismantling the rules that govern vaccine recommendations.

That overreach is precisely why we sued Kennedy in the American Academy of Pediatrics v. Robert F. Kennedy Jr. A federal court has since stayed the Secretary’s shakeup of the Advisory Committee on Immunization Practices (ACIP), and related changes to the immunization schedule while the litigation proceeds. The internal record now makes clear exactly why that stay matters.

Our lawsuit was never about whether a health secretary has the right to disagree with a scientific consensus; administrations change, and robust debate is essential. The question is whether a secretary may seize control of the independent process itself — bypassing safety checkpoints, upending committee structures, and using “transparency” as a tool for institutional demolition.

The emails indicate that is exactly what was underway.

Rewriting the Rules From Within

The vote from Sen. Bill Cassidy, MD (R-La.), to confirm Kennedy was decisive and he had publicly wrestled with Kennedy’s long record of attacking vaccines. In explaining his support, Cassidy said Kennedy had promised to maintain ACIP “without changes.”

The promise lasted roughly a week.

Seven days after confirmation, the committee’s scheduled meeting was postponed. Eight days after confirmation, the internal emails show CDC staff being mobilized for the first steps of the administration’s campaign to remake ACIP.

One exchange exposes the true scale of the project. A CDC official noted the agency was in discussion with HHS regarding “ways to increase transparency and inclusivity in ACIP deliberations.” While that sounds admirable, the very next paragraph reveals the quiet reality:

“Ultimately, we expect to effect most if not all of the most transformative changes through a charter update.”

A committee’s charter is its foundational operating document. It dictates structure, membership, and legal process. To alter “most if not all” of the system through a charter update means the administration began rewriting the rules so it wouldn’t appear to be breaking them.

Inverting the Vetting Process

The legal legitimacy of ACIP relies entirely on independent expertise and rigorous conflict-of-interest vetting. Career staff repeatedly emphasized that onboarding new members requires exhaustive financial disclosures, ethics training, and lobbyist certifications. They warned of the immediate operational risks of forcing rapid changes, noting: “Risk to offboard if workgroup chairs are offboarded without being replaced,” and reminding political leadership that the committee requires 13 active members just to maintain a functioning quorum.

Instead of adhering to these protections, political leadership inverted the process. In one trackable exchange, career staff learned after the fact that a slate of preferred names was coming directly from HHS, even though the office responsible for the Federal Advisory Committee Act had received zero formal communication.

The administration’s governing philosophy was summarized perfectly in an internal workflow document detailing traditional expert nomination reviews. Next to the standard vetting protocols, a simple phrase was added:

“Likely not needed given HHS direction.”

Those six words show an agency moving toward predetermined political decisions first, and figuring out the legal machinery later.

Abandoning Scientific Process

This systemic rush has directly threatened the integrity of scientific data. Ordinarily, evidence is meticulously vetted within specialized workgroups before it ever reaches a public ACIP vote. As one CDC official explicitly reminded leadership in June 2025, “things like strength of rec, shared decision making, etc usually come from workgroup discussions.”

Yet, by July, internal communications show officials pushing a high-stakes hepatitis B birth-dose question onto the autumn agenda, explicitly noting a political “desire to open and close the case in September.”

This is the language of a meeting begging for a rigged verdict, not a scientific review. By arranging the process around a compressed political deadline, the administration threw fuel on the public health fire of already struggling birth-dose rates.

Perhaps most damaging is how the concept of “transparency” was actively weaponized when an HHS official forwarded an outside attack accusing ACIP members of misleading the public about COVID vaccine effectiveness and saying they “should not be advisers.” But rather than asking CDC to determine whether the allegation was true, the official said the questions might help “support the story about ACIP accountability and transparency.” In other words, HHS was not just looking for facts, it was looking for facts that could help justify a preexisting attack on ACIP.

The Stakes of the Defense

This is precisely what the Administrative Procedure Act was enacted to prevent. The law dictates that federal agencies must make decisions through reasoned, evidence-based processes, explain any sudden departures from established practice, and act strictly within their statutory boundaries.

Kennedy did not assume control of HHS as an ordinary official with standard policy disagreements. He arrived after decades spent aggressively attacking the institutional legitimacy of the very agency he now leads. The internal record exposes what followed: a rapid, coordinated effort to bypass legal safeguards, manipulate committee membership, and force complex scientific conclusions onto artificial timelines.

The law does not tolerate an institutional end-run. A secretary may ask tough questions and pursue lawful updates, but he cannot convert an independent, evidence-based advisory framework into a rubber stamp for prior personal beliefs.

Our legal fight is about a foundational American principle: whether the scientific policies that protect our children will be dictated by rigorous evidence and steady law or by absolute political power dressed up as reform.

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Orlando Bryant Mckee

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