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Vaccines · United States

Rewriting the Schedule: Washington, the States and Congress

Which vaccines American children are told to get, which they must get for school, and which insurance must pay for are now being changed at three levels at once. Here is who is doing what, where the courts stand, and why members of Congress have joined in — on both sides.

QuackeryWatch · Posted October 2026 · Current to 31 October 2026 · Companion to The schedule fight and RFK Jr.’s vaccine record

On this page

  1. Washington: the schedule and the courts
  2. The states: pulling in opposite directions
  3. Congress: where the rules are written
  4. The worst offenders
  5. Landmark legal results
  6. What the public and health professionals can do
  7. Why Canadians should watch

Why three levels matter

In the United States, three different things are decided in three different places, and they are easy to confuse:

Because Congress tied coverage to ACIP, whoever controls ACIP also shapes what insurers must cover. That is the single fact that explains most of what follows.

1. Washington: the schedule and the courts

Health Secretary Robert F. Kennedy Jr. removed all 17 ACIP members in June 2025 and appointed his own. Over the next seven months the reshaped committee and the CDC narrowed COVID-19 recommendations, ended the universal hepatitis B birth dose, and on 5 January 2026 cut the routine childhood schedule, from 17 recommended vaccines to 11 by the plaintiffs’ count. The full timeline is on our RFK Jr. running file.

DateWhat happened
16 Mar 2026In American Academy of Pediatrics v. Kennedy, Judge Brian Murphy (D. Mass.) issued a preliminary injunction staying the January schedule, the appointments of 13 ACIP members and the votes of the reconstituted committee, including the December 2025 hepatitis B vote. The plaintiffs say the earlier recommendations were restored.
Apr 2026HHS appealed to the First Circuit and asked for expedited review.
11 Sep 2026Judge Murphy paused the district-court case until the appeal is decided. ACIP has not met; it has issued no flu or COVID-19 guidance for 2026–27.
23 Sep 2026HHS rewrote the CDC’s COVID-19 clinical guidance, removing statements that the benefits outweigh the risks and replacing the pregnancy advice with package-insert language.
6 Oct 2026The First Circuit heard the government’s appeal. No decision yet. The pause on the childhood schedule remains in place.
8 Oct 2026HHS announced a “vaccine injury” initiative: an NIH clinic, a proposal to pay doctors for reports to VAERS, and new requirements for electronic health records. No change to the Vaccine Injury Compensation Program has been finalized, but HHS can change its injury table without Congress.

Coverage, for now. The insurers’ trade group, AHIP, said its members would keep covering the previously recommended vaccines at no cost at least through 2026. Several states point insurers to recommendations as they stood on 31 December 2025. Families are still told to check with their own plan.

2. The states: pulling in opposite directions

With federal guidance in dispute, states have split. By 10 March 2026, KFF counted 29 states and the District of Columbia rejecting at least some of the new federal guidance, mostly by following the American Academy of Pediatrics schedule instead. Every state with a Democratic governor is among them. Many Republican-led states have kept to the federal schedule, and a few have gone further, loosening school requirements.

States protecting access

States loosening requirements

StateWhat changedWhere it stands
IdahoThe Medical Freedom Act, signed 4 April 2025, bars governments, employers, businesses, schools and day cares from requiring a vaccine or other “medical intervention.” It was drafted by Leslie Manookian of the Health Freedom Defense Fund, which is distributing model legislation to other states.In force. No other state is confirmed to have enacted a copy.
FloridaSurgeon General Joseph Ladapo announced in September 2025 that he wanted to end all school vaccine mandates. A 2026 bill to repeal all 11 passed the Senate but was never taken up by the House. The Department of Health is now trying to drop four by rule: hepatitis B, chickenpox, Hib and pneumococcal. It dropped a proposed “moral or ethical beliefs” exemption on 30 September 2026.Public hearing held 8 October 2026; legal challenges expected. Seven of the 11 requirements are written into state law and cannot be removed by rule. See our Florida hearing page.
West VirginiaGov. Patrick Morrisey ordered religious exemptions in January 2025. The House rejected a bill to write them into law, 42–56, in March 2025. The state Board of Education told counties not to allow them.Fought out in the courts; before the state Supreme Court as of May 2026.
LouisianaThe state health department stopped promoting vaccines and holding vaccine clinics. A “Louisiana Medical Freedom Act” modelled on Idaho’s was introduced in 2025.Policy in effect; the bill’s fate is not confirmed.

3. Congress: where the rules are actually written

Congress wrote the three laws at the centre of this fight: the 1986 National Childhood Vaccine Injury Act, which created the compensation program and shields manufacturers from most lawsuits; the Vaccines for Children program; and the Affordable Care Act’s coverage rule. Anything the Health Secretary does can be locked in, undone or overtaken by Congress — which is why both sides are now there.

Bills that would weaken the system

End the Vaccine Carveout Act (H.R. 4668, Rep. Paul Gosar; S. 3853, Sens. Rand Paul and Mike Lee, February 2026). It would let people claiming vaccine injury sue manufacturers in state or federal court without first going through the compensation program, and would remove liability protection for COVID-19 vaccines. Its sponsors call it accountability; critics note that the 1986 Act was passed because lawsuits were driving manufacturers out of the vaccine market.

Bills that would protect it

Family Vaccine Protection Act (Reps. Frank Pallone and Kim Schrier, June 2025): would write ACIP into law, set rules for its membership, and require the Secretary to follow its recommendations or publish the evidence for departing from them. Protecting Free Vaccines Act (Sens. Ron Wyden and Bernie Sanders, with House Democrats, September 2025): would require insurers, Medicaid and Medicare to keep covering vaccines ACIP recommended as of October 2024.

None of these bills has passed either chamber.

Why members of Congress join in

  1. Because that is where the levers are. Coverage, the Vaccines for Children program and liability are all in federal law. A Health Secretary can reshape ACIP; only Congress can make a change permanent, or reverse one. Supporters of the new direction want the liability shield gone; defenders want ACIP and free coverage written into statute so no future Secretary can undo them.
  2. Hearings are a platform. Sen. Ron Johnson’s Permanent Subcommittee on Investigations held a hearing on 9 September 2025 titled “How the Corruption of Science has Impacted Public Perception and Policies Regarding Vaccines.” Witnesses included Aaron Siri, the lawyer who represents the Informed Consent Action Network, and Robert Malone, then an ACIP member; one witness, Stanford infectious-disease specialist Jake Scott, defended the evidence. A Senate hearing gives claims a congressional record that can be cited for years. In September 2026 Johnson received Children’s Health Defense’s “Defender Award” at its Washington conference (see our running file).
  3. The political cost of resisting. Sen. Bill Cassidy, a physician and chair of the Senate health committee, voted to confirm Kennedy after receiving commitments about vaccines, then criticized him publicly as the vaccine changes came. On 16 May 2026 Cassidy lost his Louisiana Republican primary, taking about a quarter of the vote, after President Trump endorsed his opponent. His vote to convict Trump in 2021 was a major factor, but his public break with Kennedy also drew fire from voters aligned with the Make America Healthy Again movement. Cassidy leaves the Senate in January.
  4. COVID grievance became a broader agenda. Opposition to COVID-19 mandates built a constituency, donors and organizations — Children’s Health Defense, the Informed Consent Action Network, the Health Freedom Defense Fund — that now campaign on the whole childhood schedule. Their language of “medical freedom” and “accountability” appeals to libertarian members of Congress, including some with no previous record on vaccine policy.
  5. And on the other side, constituents and doctors. Democrats, and some Republicans, hear from pediatricians, insurers, hospitals and parents. The American Academy of Pediatrics went to court; more than 200 organizations endorsed its schedule. In the minority, Democrats’ tools are bills that will not pass this Congress, oversight letters and the courts.

What it costs

The United States had reported 4,588 measles cases in 2026 by 22 October, the most since it declared measles eliminated in 2000, and the CDC has recorded three deaths. The 2025 total was 2,289. The Pan American Health Organization will review whether the U.S. keeps its measles-elimination status on 10–13 November 2026 — a year after Canada lost its own. Florida alone has reported 148 cases this year. Nearly all cases nationwide are in unvaccinated people.

4. The worst offenders

These are the people and organizations doing the most to roll back childhood vaccination in the United States, judged by what they have actually done in office, in court or in law. Their supporters describe the same actions as defending “medical freedom” or “accountability”; the record is set out so readers can judge for themselves.

WhoPositionWhat they have done
Robert F. Kennedy Jr.U.S. Secretary of Health and Human ServicesRemoved all 17 ACIP members in June 2025 and appointed his own; oversaw the end of the universal hepatitis B birth dose and the January 2026 schedule cut, both now stayed by a federal court; rewrote CDC guidance on COVID-19 vaccines and on autism. Founded and chaired Children’s Health Defense until December 2024. Full record.
Joseph LadapoFlorida Surgeon GeneralAnnounced in September 2025 that he wanted to end every school vaccine requirement in Florida; now seeking to drop four by rule. The Ladapo record · the 2026 hearing.
Sen. Ron Johnson (R-Wis.)Chair, Senate Permanent Subcommittee on InvestigationsUsed his subcommittee for hearings on the “corruption of science” with anti-vaccine witnesses; received Children’s Health Defense’s “Defender Award” in September 2026.
Sen. Rand Paul (R-Ky.), Sen. Mike Lee (R-Utah), Rep. Paul Gosar (R-Ariz.)Sponsors, End the Vaccine Carveout ActWould open vaccine makers to lawsuits outside the compensation program — the problem the 1986 Act was passed to solve.
Gov. Patrick MorriseyGovernor of West VirginiaOrdered religious exemptions in one of the few states that allowed only medical ones, after the legislature refused to; backed families suing to force them.
Leslie Manookian, Health Freedom Defense FundIdaho-based nonprofitDrafted Idaho’s Medical Freedom Act and is distributing it as model legislation to other states.
Aaron Siri and the Informed Consent Action NetworkLawyer and advocacy groupSiri represents ICAN and testified at Johnson’s September 2025 hearing; ICAN is a long-running source of legal petitions against vaccines.
Children’s Health DefenseAdvocacy groupFiled a racketeering lawsuit against the American Academy of Pediatrics; hosts the conferences where members of Congress are honoured. CHD v. AAP · CHD’s finances.

American courts have upheld vaccination requirements for more than a century. Today’s fights are mostly about exemptions and about who controls federal advice, not about whether states may require vaccines at all.

CaseCourt and yearWhat it decided
Jacobson v. MassachusettsU.S. Supreme Court, 1905A state may require vaccination to protect public health. Cambridge’s smallpox requirement and its $5 fine were upheld. The foundation of every later case.
Zucht v. KingU.S. Supreme Court, 1922A city may require vaccination for school attendance.
Prince v. MassachusettsU.S. Supreme Court, 1944Religious freedom does not include the right to expose a child to communicable disease. Widely cited in vaccine cases.
Bruesewitz v. WyethU.S. Supreme Court, 2011The 1986 Act bars design-defect lawsuits against vaccine makers; injury claims go through the compensation program. This is the protection the End the Vaccine Carveout Act would remove.
Biden v. Missouri and NFIB v. OSHAU.S. Supreme Court, January 2022Upheld the federal COVID-19 vaccine requirement for health-care workers in Medicare and Medicaid facilities, but blocked the broader vaccinate-or-test rule for large employers.
We The Patriots USA v. ConnecticutU.S. Court of Appeals, 2nd Circuit, 2023; Supreme Court declined review, 2024A state may repeal religious exemptions to school vaccine requirements.
Bosarge v. EdneyU.S. District Court, Mississippi, April 2023Went the other way: ordered Mississippi, long the national leader in childhood vaccination, to offer religious exemptions. Its vaccination rates have since fallen.
American Academy of Pediatrics v. KennedyU.S. District Court, Massachusetts, March 2026; appeal argued October 2026Stayed the January 2026 schedule and the new ACIP appointments. The most important vaccine case now pending.

6. What the public and health professionals can do

Parents and the public
  • Follow the full schedule. The American Academy of Pediatrics schedule keeps every vaccine recommended before 2026. In Canada, follow your province’s schedule, which is based on the National Advisory Committee on Immunization.
  • Check your coverage. Ask your insurer, in writing, whether it still covers every childhood vaccine at no cost. Most have promised to through 2026.
  • Speak up where decisions are made. State rule hearings, like Florida’s, take public comments. Find your members of Congress at congress.gov and tell them which bills you support or oppose.
  • Know who is on the ballot. Governors appoint the health officials who write these rules.
  • Check before you share. Use our list of trusted sources.
Doctors, nurses and pharmacists
  • Recommend, plainly. A clear recommendation from a trusted clinician remains one of the strongest reasons parents give for vaccinating.
  • Document. Record the schedule you follow and any refusal, with the counselling you gave. Immunization managers have flagged liability questions under the changed federal schedule.
  • Report honestly. Report genuine adverse events to VAERS (in Canada, to your provincial system), and explain to patients what a report does and does not prove.
  • Testify and write. Medical voices carry weight at state hearings and with legislators; the AAP’s state chapters coordinate this work.
  • Hold colleagues to account. Licensed professionals who spread vaccine misinformation can be reported to their regulator. See how to complain and our Anti-Vax Rap Sheet.

7. Why Canadians should watch

Canada’s schedule is set by the National Advisory Committee on Immunization and the provinces, not by Washington, and no province has adopted the January 2026 U.S. schedule. But three things cross the border:

What to watch next

Sources

  1. KFF, “Tracking State Actions on Vaccine Policy and Access” (data to 22 Sep 2025) and “A Look at Recent Changes to State Vaccine Requirements for School Children” (12 Sep 2025); “29 states and DC now reject federal vaccine guidance,” Stateline (tally as of 10 Mar 2026).
  2. New York State Department of Health, “Northeast Public Health Collaborative Recommends American Academy of Pediatrics Vaccine Schedule,” 12 Jan 2026; Washington State Department of Health, West Coast Health Alliance.
  3. AAP v. Kennedy: Medical Daily, 15 Sep 2026; CIDRAP, “The State of U.S. Vaccine Policy,” Oct 2026 (First Circuit argument, CDC COVID guidance edits, HHS injury initiative, Florida rule).
  4. AHIP coverage commitment: Fierce Healthcare; KFF.
  5. Florida: WGCU / Florida Trident, “Politics turns up the heat on latest plan to strike vaccines,” 7 Oct 2026.
  6. Idaho: Idaho Capital Sun, 8 Apr 2025; East Idaho News, 23 Oct 2025.
  7. West Virginia: West Virginia Watch, 11 May 2026; House vote on SB 460, 24 Mar 2025.
  8. Bills: H.R. 4668 and S. 3853 (congress.gov); Sen. Mike Lee press release, 17 Feb 2026; Rep. Frank Pallone press release, 5 Jun 2025; Sen. Ron Wyden press release, 18 Sep 2025.
  9. Senate Permanent Subcommittee on Investigations hearing, 9 Sep 2025 (hsgac.senate.gov).
  10. Cassidy primary: Legis1, May 2026.
  11. Landmark cases: Jacobson v. Massachusetts, 197 U.S. 11 (1905); Zucht v. King, 260 U.S. 174 (1922); Prince v. Massachusetts, 321 U.S. 158 (1944); Bruesewitz v. Wyeth, 562 U.S. 223 (2011); Biden v. Missouri and NFIB v. OSHA (2022); We The Patriots USA v. Connecticut (2d Cir. 2023; cert. denied 2024); Bosarge v. Edney (S.D. Miss. 2023).
  12. Measles: Medical Daily, 26 Oct 2026 (CDC count to 22 Oct; PAHO review dates).
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