AG Nessel Joins Vaccine Schedule Lawsuit Against HHS

Michigan and 14 states filed a federal lawsuit yesterday against the U.S. Department of Health and Human Services (HHS), alleging the agency’s recent changes to the CDC’s vaccine recommendations were illegal.

It is not clear why AG Nessel and her secret cabal of anti-Trump Democratic Attorneys General are suing the federal government over vaccine schedules.  States, not the federal government, have the exclusive authority to require vaccinations for schoolchildren.

Emily G. Hilliard, the press secretary for HHS, blasted AG Nessel's lawsuit as a “publicity stunt dressed up as a lawsuit.”

https://www.michigan.gov/ag/news/press-releases/2026/02/24/ag-nessel-joins-multistate-lawsuit-challenging-the-kennedy-vaccine-schedule

https://oag.ca.gov/system/files/attachments/press-docs/Filed%20Complaint_0.pdf

AG Nessel Joins Multistate Lawsuit Challenging the Kennedy Vaccine Schedule and Unlawful Overhaul of Federal Childhood
By Danny Wimmer - February 24, 2026

LANSING — Michigan Attorney General Dana Nessel today will join a multistate lawsuit challenging the Trump administration's radical overhaul of the nation's childhood immunization schedule. The complaint, which will be filed later today, names Health and Human Services (HHS) Secretary Robert F. Kennedy, Jr., Centers for Disease Control and Prevention (CDC) Acting Director Jay Bhattacharya, and the CDC and HHS as defendants.

The lawsuit challenges a January 5, 2026, CDC “Decision Memo” that stripped seven childhood vaccines—those protecting against rotavirus, meningococcal disease, hepatitis A, hepatitis B, influenza, COVID-19, and respiratory syncytial virus (RSV)—of their universally recommended status. The complaint also challenges the unlawful replacement of the Advisory Committee on Immunization Practices (ACIP), the expert federal panel that has guided U.S. vaccine policy for decades.

Among U.S. children born in the past 30 years, childhood vaccines have prevented an estimated 508 million cases of illness, 32 million hospitalizations and 1.1 million deaths. This remarkable achievement has been made possible in large part by leading medical scholars and public health experts who have served on ACIP and established the science-based childhood vaccination schedule that federal agencies, states, and parents have confidently relied on for decades.

In December 2025, the reconstituted ACIP reversed nearly thirty years of CDC policy by eliminating the recommendation for a universal hepatitis B birth dose—a vaccine that is up to 90 percent effective in preventing perinatal infection when administered within 24 hours of birth. Shortly thereafter, the CDC expanded its ideological attack on routine childhood vaccines. On January 5, 2026, then-Acting CDC Director Jim O'Neill—who has no medical or scientific background—signed off on a “Decision Memo” that changed the recommendations for seven vaccines from the routinely recommended childhood vaccination schedule to a status that invites confusion and uncertainty. These vaccines remain available through shared clinical decision-making and are recommended for all children by the Michigan Department of Health and Human Services and leading medical organizations.

The Decision Memo was not based on any new scientific evidence, any recommendation by a lawfully constituted ACIP, or any systematic review of the available data. Instead, it relied primarily on superficial comparisons to purported “peer countries”—particularly Denmark—while ignoring the fundamental differences between those nations and the United States, as well as the overwhelming evidence supporting the effectiveness of the CDC’s pre-Kennedy childhood immunization schedule.

Lower vaccination rates will lead directly to higher rates of infectious disease. For Michigan and other states, this means a greater strain on their Medicaid programs, more money spent combatting misinformation, and wasted resources decoupling state laws, regulations, and public guidance from ACIP’s and CDC’s now-untrustworthy recommendations. Contrary to Secretary Kennedy’s misinformation and insinuation, vaccines previously recommended on the CDC’s pre-Kennedy childhood immunization schedule remain safe and effective, and they are critical for protecting America’s children and public health at large.

To ensure clear guidance in Michigan, Dr. Natasha Bagdasarian, chief medical executive, has issued a Standing Recommendation (PDF) advising health care providers and families to follow the child and adolescent immunization schedule produced by the American Academy of Pediatrics (PDF) and the American Academy of Family Physicians. Bagdasarian highlights those recommendations in a video that can be found here.

“Childhood vaccines are proven to save lives, and the overhaul of the nation's immunization schedule has only sown unnecessary confusion and anxiety for parents who are simply trying to make the best, most informed decision for their children,” said Attorney General Nessel. “While physicians like Michigan’s very own Dr. Bagdasarian are standing up for kids and following evidence-based recommendations, the CDC cannot be permitted to let politics and unlawful appointments interfere with longstanding public health policy. Our children deserve recommendations that are guided by science, and I will continue working to protect Michigan families and ensure that health decisions remain rooted in facts and in the best interests of our communities.”

“For decades, vaccines have played a critical role in the prevention and control of infectious diseases and significant reductions in childhood illnesses and fatalities,” said Bagdasarian. “Recommendations were backed by science and guidance to families and clinicians was clear. The recent changes announced by the federal government are causing confusion for families and have contributed to recent declines in vaccination rates. This is hitting some of our communities disproportionately and we have already experienced outbreaks of measles and pertussis in our state. Unless we can increase immunization rates, we will continue to experience outbreaks of vaccine preventable diseases, and potentially devastating health impacts.”

The plaintiff states are asking the court to declare the Kennedy Schedule and the Kennedy ACIP appointments unlawful, and to enjoin, vacate, and set aside both the new immunization schedule and the unlawful appointments.

In filing this lawsuit, Attorney General Nessel is joined by the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Maine, Maryland, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Wisconsin, and the Governor of Pennsylvania.

A copy of the lawsuit will be available on michigan.gov/agnews once available.

The second hyperlink above is the lawsuit, which AG Nessel evidently signed Michigan on to without reading.