DC Court blocks HHS cutbacks for pediatric studies

The federal District Court for the District of Columbia (Beryl A. Howell) has issued a preliminary injunction to prevent the Department of Health and Human Services from abruptly terminating seven research projects at the American Academy of Pediatrics.  The Court found that the terminations on the stated ground that the projects “no longer effectuate agency and HHS policies” are likely to be found to be unconstitutional retaliation for public positions that the AAP had taken against activities at HHS.

AAP has recently challenged HHS activities on vaccination policy and led a litigation to overturn the termination of all members of the HHS Advisory Committee on Immunization Practices.  It has also challenged the Department’s attempts to limit transgender care for children.  The Court noted that the defendants in the case did not substantially disagree with the allegations of the Complaint, including allegations that the Academy had worked with the grant making agencies to assure that the grants were being properly administered after the change in Administrations in January.

“This is not a case about whether AAP or HHS is right or even has the better position on vaccinations and gender-affirming care for children, or any other public health policy,” the Court wrote.  “This is a case about whether the federal government has exercised power in a manner designed to chill public health policy debate by retaliating against a leading and generally trusted pediatrician-member professional organization focused on improving the health of children.  The First Amendment binds the United States to a profound national commitment to the principle that debate on public interest should be uninhibited, robust, and wide open.  This constitutional right protects far more than just political speech and expression; the guarantee also secures the free flow of information for the promotion of the advancement of truth, science, morality, and arts in general.”  (American Academy of Pediatrics v. U.S. Department of Health and Human Services, D. DC, No. 25-cv-4505, 1/11/26.)