Authored by Zachary Stieber via The Epoch Times (emphasis ours),
Trump administration lawyers on April 23 said they are still considering whether to appeal a ruling that blocked the rollback of guidance on some vaccines.
The lawyers said in a filing that pausing the litigation over the guidance pending the resolution of any appeal that is filed would “promote judicial economy and avoid burdens on government agencies that may be rendered unnecessary by a decision on any appeal.”
For instance, if an appeal is filed, the U.S. Court of Appeals for the First Circuit may dismiss some or all of the claims by plaintiffs in the case, which would eliminate the need for the government to produce records sought by plaintiffs, the lawyers told U.S. District Judge Brian Murphy in a motion to stay proceedings pending resolution of any appeal.
“At a minimum, a First Circuit decision on any appeal could narrow the issues in dispute and provide guidance on how to resolve any remaining issues,” the motion stated. “If Defendants continue producing administrative records and the parties start briefing cross-motions for summary judgment before Defendants’ time to appeal has run and before the First Circuit has an opportunity to weigh in on any appeal, there is a significant potential for wasted time and resources.”
Murphy in March stayed the updates made to Centers for Disease Control and Prevention vaccine guidance under Health Secretary Robert F. Kennedy Jr., resulting in the guidance reverting to what had been in place in mid-2025.
Murphy concluded that Kennedy and other officials did not follow proper procedure in updating the guidance and appointing new members to the CDC’s vaccine advisory committee.
That stay would remain in effect even if Murphy approves the requested motion, administration lawyers said.
The lawyers did not say why no appeal has been lodged against Murphy’s decision. They asked him to stay proceedings in the case until whichever comes later: May 15 or the resolution of any appeal the defendants may file.
The deadline to appeal Murphy’s preliminary injunction is May 15.
Shortly after the injunction was issued, the Department of Health and Human Services said it would prevail in an appeal. The department has declined to answer questions about why an appeal has not yet been lodged.
“Unless officially announced by us, any assertions about what we are doing next is baseless speculation,” a department spokesperson told The Epoch Times in March.
The litigation was brought by multiple health care groups, including the American Academy of Pediatrics.
Government lawyers conferred with plaintiffs, who opposed the motion to stay the proceedings.
