A federal judge has ordered HHS to restore nearly $12 million in grant funding to the American Academy of Pediatrics, finding the agency’s decision to abruptly terminate the awards in December was likely retaliatory.
On Jan. 11, U.S. District Judge Beryl Howell in Washington, D.C., issued a preliminary injunction requiring HHS to restore the grant funding while AAP’s lawsuit against the agency proceeds. The AAP sued the federal agency after it canceled seven grants supporting projects focused on reducing sudden infant death, early detection of birth defects, pediatric care in rural communities and support for teens with substance abuse and mental health conditions.
In her 52-page opinion, Ms. Howell said the academy is likely to succeed on its claim that HHS cut the funding in violation of the First Amendment. She cited the timing of the agency’s decision, which closely followed AAP’s public opposition to recent federal vaccine policy changes made under HHS Secretary Robert F. Kennedy Jr.
“Retaliatory actions serve both to punish past disfavored speech and as a warning shot to chill such speech in the future,” Ms. Howell wrote.
The AAP had alleged the cuts came in response to its criticism of the CDC’s move to end universal hepatitis B vaccination at birth for certain infants — a policy shift the academy called “irresponsible and purposely misleading.” The group has also challenged changes to COVID-19 vaccine recommendations for children and pregnant people in a separate lawsuit filed in federal court last year.
HHS previously said cuts were made because the grants support projects that no longer align with these priorities.
The AAP welcomed the ruling in a Jan. 12 statement.
“Today’s court action offers welcome relief for children and families who benefit from these important services that make communities safer and healthier,” said Mark Del Monte, CEO and executive vice president of the group. “The federal government remains an essential partner to improving the health of children. The AAP will continue to do all we can to support children’s health and well-being, just as we’ve always done, and we will continue to speak out and take action against threats to children’s health, just as we’ve always done.”
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