Minnesota Among States Suing Federal Government on Vaccines

February 26, 2026

The attorneys general from 15 states, including Minnesota, have filed a lawsuit challenging the Trump Administration's overhaul of the nation's childhood immunization schedule.  

The lawsuit challenges a January 5, 2026, Centers for Disease Control and Prevention (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. 

"The development of safe, effective vaccines has been one of the most significant scientific achievements throughout human history,” said Minnesota Attorney General Keith Ellison. “I’m taking the Trump administration to court to stop them from unlawfully overhauling federal childhood immunization policy." 

In June 2025, Health and Human Services (HHS) Secretary Robert F. Kennedy, Jr., removed all 17 ACIP voting members and replaced them with individuals who lack the scientific qualifications required by ACIP's own charter and the Federal Advisory Committee Act (FACA). At least nine of the 13 current ACIP members lack the expertise or professional qualifications required for the role, and a majority have publicly expressed views aligned with Kennedy's opposition to vaccines. 

In December 2025, the reconstituted ACIP reversed nearly 30 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 attack on routine childhood vaccines. On January 5, 2026, then-Acting Centers for Disease Control and Prevention (CDC) Director Jim O'Neill signed off on a “Decision Memo” that demoted seven vaccines from the universally recommended childhood vaccination schedule to a lesser status that invites confusion and uncertainty. The plaintiffs argue that the Kennedy Schedule will also cause increased deaths and illness. 

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. 

Co-leading this lawsuit are Arizona Attorney General Kris Mayes and California Attorney General Rob Bonta. In addition to Ellison, they are joined by the attorneys general of Colorado, Connecticut, Delaware, Maine, Maryland, Michigan, New Jersey, New Mexico, Oregon, Rhode Island, Wisconsin, and the governor of Pennsylvania.