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food and drug administration
'Important Victory': Judge Directs Health Agencies to Restore Web Materials Taken Down After Trump Order
"This order puts a stop, at least temporarily, to the irrational removal of vital health information from public access," wrote the legal counsel for the plaintiff.
Feb 11, 2025
A federal judge has implemented a temporary restraining order forcing the U.S. Department of Health and Human Services, the U.S. Centers for Disease Control and Prevention, the U.S. Food and Drug Administration to restore several webpages and datasets that had been previously taken down in response to a White House executive order "defending women from gender ideology extremism."
President Donald Trump's executive order, which asserts that "it is the policy of the United States to recognize two sexes, male and female," was followed up by a memo from the Office of Personnel Management (OPM), which orders agencies to take down "outward facing media" that "inculcate or promote gender ideology," according to a lawsuit filed in early February by the nonprofit advocacy group Doctors for America (DFA).
In response, the CDC and FDA did remove webpages and datasets, according to the suit.
The legal arm of the watchdog group Public Citizen is serving as the plaintiff's counsel on the lawsuit, which names the OPM, the CDC, the FDA, and the Department of Health and Human Services (of which the CDC and FDA are a part) as defendants.
"DFA and the physicians and medical trainees that constitute its membership rely on webpages and datasets that have been removed in response to OPM's memorandum, including several pages that related to current evidence and guidelines for providing clinical care, guidance documents on FDA's website... and numerous publicly available datasets that inform targeted public health interventions," according to the complaint.
Following OPM's memo, materials pertaining to HIV testing for transgender people, resources supporting LGBTQ+ youth health, and a survey conducted every two years to assess the health behaviors of teens were all taken down, according to The Washington Post.
The lawsuit highlights other resources that went dark, such as a report titled PrEP for the Prevention of HIV Infection in the U.S.: 2021 Guideline Summary.
U.S. District Judge John D. Bates, an appointee of former President George W. Bush, ruled Tuesday that the agencies had to restore access to all the materials identified by the plaintiff by the end of the day.
"The judge's order today is an important victory for doctors, patients, and the public health of the whole country," said Zach Shelley, a Public Citizen Litigation Group attorney and lead counsel on the case, in a Tuesday statement. "This order puts a stop, at least temporarily, to the irrational removal of vital health information from public access."
Courts have delivered a series of setbacks to the Trump administration's efforts in recent days, including another blow to Trump's attempt to curtail birthright citizenship.
U.S. Sen. Ed Markey (D-Mass.) took to the platform X to tally the wins, writing "BLOCKED" next to court rulings that have hampered Trump initiatives.
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'Make Polio Great Again': Alarm Over RFK Jr. Lawyer Who Targeted Vaccine
"So if you're wondering if Donald Trump is trying to kill your kids, yes, yes he is," said one critic.
Dec 13, 2024
Public health advocates, federal lawmakers, and other critics responded with alarm to The New York Timesreporting on Friday that an attorney helping Robert F. Kennedy Jr. select officials for the next Trump administration tried to get the U.S. regulators to revoke approval of the polio vaccine in 2022.
"The United States has been a leader in the global fight to eradicate polio, which is poised to become only the second disease in history to be eliminated from the face of the earth after smallpox," said Liza Barrie, Public Citizen's campaign director for global vaccines access. "Undermining polio vaccination efforts now risks reversing decades of progress and unraveling one of the greatest public health achievements of all time."
Public Citizen is among various organizations that have criticized President-elect Donald Trump's choice of Kennedy to lead the Department of Health and Human Services, with the watchdog's co-president, Robert Weissman, saying that "he shouldn't be allowed in the building... let alone be placed in charge of the nation's public health agency."
Although Kennedy's nomination requires Senate confirmation, he is already speaking with candidates for top health positions, with help from Aaron Siri, an attorney who represented RFK Jr. during his own presidential campaign, the Times reported. Siri also represents the Informed Consent Action Network (ICAN) in petitions asking the Food and Drug Administration (FDA) "to withdraw or suspend approval of vaccines not only for polio, but also for hepatitis B."
According to the newspaper:
Mr. Siri is also representing ICAN in petitioning the FDA to "pause distribution" of 13 other vaccines, including combination products that cover tetanus, diphtheria, polio, and hepatitis A, until their makers disclose details about aluminum, an ingredient researchers have associated with a small increase in asthma cases.
Mr. Siri declined to be interviewed, but said all of his petitions were filed on behalf of clients. Katie Miller, a spokeswoman for Mr. Kennedy, said Mr. Siri has been advising Mr. Kennedy but has not discussed his petitions with any of the health nominees. She added, "Mr. Kennedy has long said that he wants transparency in vaccines and to give people choice."
After the article was published, Siri called it a "typical NYT hit piece plainly written by those lacking basic reading and thinking skills," and posted a series of responses on social media. He wrote in part that "ICAN's petition to the FDA seeks to revoke a particular polio vaccine, IPOL, and only for infants and children and only until a proper trial is conducted, because IPOL was licensed in 1990 by Sanofi based on pediatric trials that, according to FDA, reviewed safety for only three days after injection."
The Times pointed out that experts consider placebo-controlled trials that would deny some children polio shots unethical, because "you're substituting a theoretical risk for a real risk," as Dr. Paul A. Offit, a vaccine expert at the Children's Hospital of Philadelphia, explained. "The real risks are the diseases."
Ayman Chit, head of vaccines for North America at Sanofi, told the newspaper that development of the vaccine began in 1977, over 280 million people worldwide have received it, and there have been more than 300 studies, some with up to six months of follow-up.
Trump, who is less than six weeks out from returning to office, has sent mixed messages on vaccines in recent interviews.
Asked about RFK Jr.'s anti-vaccine record during a Time "Person of the Year" interview published Thursday, the president-elect said that "we're going to be able to do very serious testing" and certain vaccines could be made unavailable "if I think it's dangerous."
Trump toldNBC News last weekend: "Hey, look, I'm not against vaccines. The polio vaccine is the greatest thing. If somebody told me to get rid of the polio vaccine, they're going to have to work real hard to convince me. I think vaccines are—certain vaccines—are incredible. But maybe some aren't. And if they aren't, we have to find out."
Both comments generated concern—like the Friday reporting in the Times, which University of Alabama law professor and MSNBC columnist Joyce White Vance called "absolutely terrifying."
She was far from alone. HuffPost senior front page editor Philip Lewis said that "this is just so dangerous and ridiculous" while Zeteo founder Mehdi Hasan declared, "We are so—and I use this word advisedly—fucked."
Ryan Cooper, managing editor at The American Prospect, warned that "they want your kids dead."
Author and musician Mikel Jollett similarly said, "So if you're wondering if Donald Trump is trying to kill your kids, yes, yes he is."
Multiple critics altered Trump's campaign slogan to "Make Polio Great Again."
U.S. Sen. Elizabeth Warren (D-Mass.) responded with a video on social media:
Without naming anyone, Senate Minority Leader Mitch McConnell (R-Ky.), a polio survivor, put out a lengthy statement on Friday.
"The polio vaccine has saved millions of lives and held out the promise of eradicating a terrible disease. Efforts to undermine public confidence in proven cures are not just uninformed—they're dangerous," he said in part. "Anyone seeking the Senate's consent to serve in the incoming administration would do well to steer clear of even the appearance of association with such efforts."
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Over 75 Nobel Laureates Call On Senate to Reject RFK Jr. as Health Secretary
"In view of his record, placing Mr. Kennedy in charge of DHHS would put the public's health in jeopardy," said the winners of the prestigious prize.
Dec 10, 2024
Nobel laureates rarely wade into politics as a group, but Monday marked the second time in two months that dozens of winners of the prestigious Nobel Prize have banded together to speak out against the agenda of President-elect Donald Trump—this time, calling on U.S. senators to reject his nomination of Robert F. Kennedy Jr. to lead the Department of Health and Human Services.
More than 75 Nobel laureates signed a letter warning lawmakers about Kennedy's record of attacking the very agencies he would have power over if confirmed to be Trump's secretary of health and human services, his history of amplifying discredited conspiracy theories about public health—sometimes with deadly consequences—and his "lack of credentials or relevant experience in medicine, science, public health, or administration."
"In view of his record, placing Mr. Kennedy in charge of DHHS would put the public's health in jeopardy and undermine America's global leadership in the health sciences, in both the public and commercial sectors," wrote the Nobel laureates.
Kennedy has alarmed dental experts with his proposal to remove fluoride, which prevents tooth decay, from public drinking water—a plan that Trump has said "sounds OK." The president-elect also said Sunday he would have Kennedy investigate the conspiracy theory that vaccines cause autism, which was the argument made by a 1998 article that has since been retracted and has been debunked by numerous international studies.
The environmental lawyer—whose views and political ambitions have been disavowed by other members of the prominent Kennedy family—has also been condemned for falsely claiming in a letter to the prime minister of Samoa in 2019 that the measles vaccine itself may have caused a measles outbreak that had killed 16 people there. By the time the outbreak was over, 80 people had died, and experts partially blamed "increasing circulation of misinformation leading to distrust and reduced vaccination uptake."
"Maybe there are some [senators] who will read this and think: 'Well, we really do want to protect the health of our citizens. They didn't elect us so that we could kill them,'" Richard Roberts, a co-author of Monday's letter and the winner of the 1993 Nobel Prize in physiology or medicine for his discovery of split genes, told The New York Times.
Other beliefs of Kennedy's include his rejection of the established scientific fact that the HIV virus causes AIDS and his claim that unpasteurized raw milk "advances human health" and that the Food and Drug Administration (FDA) has purposely suppressed that information.
Food scientists say there is no documented proof that raw milk has the health benefits proponents like Kennedy claim it does, but there is ample proof that unpasteurized milk contains bacteria and viruses, including H5N1, the avian flu that's been detected in dairy cow herds in at least 15 states.
The Nobel laureates noted that Kennedy has also been a "belligerent critic" of the FDA and other health agencies and employees that are part of DHHS, calling for vaccine scientists to be imprisoned and threatening to fire FDA and National Institutes of Health employees.
"The leader of DHHS should continue to nurture and improve—not threaten—these important and highly respected institutions and their employees," reads the letter, which was signed by Nobel Prize winners including economist Simon Johnson, vaccine scientist Drew Weissman, and Victor Ambros and Gary Ruvkun, who won the prize in physiology or medicine for discovering microRNA.
Dozens of Nobel laureates also signed a letter in October endorsing Democratic Vice President Kamala Harris' presidential run and warning that Trump's economic agenda would "lead to higher prices, larger deficits, and greater inequality."
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