Robert Malone, a physician and biochemist appointed to the CDC’s vaccine advisory panel by Health and Human Services Secretary Robert F. Kennedy Jr., stepped down from the committee in late March 2026. He said publicly that a statement from the HHS press office was the final reason he left. His exit came days after a federal court froze Kennedy’s overhaul of the panel, and that court fight, not the resignation, is what still decides whether the committee can work in October 2026.
What happened and what each side said
The dispute started with a social media post. Malone wrote that ACIP would be disbanded and rebuilt, then later described that message as a miscommunication. HHS responded through its media office, saying that claims about the department’s next steps that it had not announced itself were baseless speculation.
Malone told reporters that this response was the reason he was leaving. He said he was done with the CDC and ACIP, that his decision was not impulsive, and that he would not accept a seat on any relaunched version of the committee. He also pointed to the many unpaid hours the role required and to hostility he said he had faced.
HHS confirmed the departure. Martin Kulldorff, who chaired the reconstituted committee before becoming HHS chief science officer, said he understood Malone’s choice given the court ruling and the volunteer time members put in, and he defended the spokesperson’s conduct.
What ACIP does and why it matters
ACIP is a federal advisory committee of outside experts that reviews vaccine data and votes on recommendations for who should get which vaccines and when. Its recommendations shape real world access in several ways:
- Insurance coverage: the Affordable Care Act requires most private health plans to cover vaccines recommended by ACIP without cost sharing.
- Vaccines for Children: the federal program that supplies free vaccines to eligible children follows the committee’s recommendations.
- Medicaid and other programs: several federal benefits tie their vaccine coverage to ACIP guidance.
- Schedules: the childhood and adult immunization schedules that doctors and pharmacists use are built on its votes once the CDC adopts them.
How the panel changed under Kennedy
The current situation follows a series of steps over roughly a year. The table below lists the key dates that have been publicly confirmed.
| Date | Event |
|---|---|
| June 9, 2025 | Kennedy removes all 17 sitting ACIP members. |
| June 11, 2025 | The first group of new members, chosen by Kennedy, is named. |
| January 5, 2026 | The CDC cuts the number of routinely recommended childhood vaccines. |
| March 16, 2026 | A federal judge in Massachusetts blocks 13 appointees and the schedule change. |
| Late March 2026 | Malone announces he is leaving ACIP. |
| October 6, 2026 | The 1st U.S. Circuit Court of Appeals hears the government’s appeal. |
The court case that froze the committee
The lawsuit was brought by the American Academy of Pediatrics and other medical groups. On March 16, 2026, U.S. District Judge Brian Murphy issued a preliminary order finding that Kennedy likely did not follow the Federal Advisory Committee Act, which requires advisory panels to be fairly balanced. The order did three main things:
- It stopped 13 of Kennedy’s appointees from serving on ACIP.
- It paused the January 2026 change to the childhood schedule, which put the earlier schedule back in effect.
- It set aside votes taken by the reconstituted committee.
The administration did not appeal the parts about the schedule and the votes. Its appeal targets only the block on the 13 appointees. HHS argues that without them the committee lacks a quorum and cannot issue new recommendations, including on seasonal flu shots. Two ACIP meetings have been canceled since the ruling, and a meeting set for October 21 to 23 was expected to be canceled too unless the committee is rebuilt in time.
Where things stand in October 2026
As of early October, Malone is no longer part of the committee, the 13 blocked appointees still cannot serve, and ACIP has not held a meeting since March. At the October 6 hearing, a three judge panel of the appeals court in Boston heard from the Justice Department, which asked the court to lift the order so Kennedy can reconstitute the committee, and from lawyers for the medical groups, who asked the court to keep it in place. The court has not ruled yet. Whatever it decides will determine who sits on the panel and when it can vote again.
FAQ
Who resigned from the CDC vaccine panel?
Robert Malone, a physician and biochemist appointed by Secretary Kennedy, left ACIP in late March 2026 after a public disagreement with the HHS press office.
Why did he leave?
He said an HHS spokesperson’s public response to his comments about the committee’s future was the deciding factor, and he also cited the unpaid workload and hostility he said he had faced.
Is ACIP meeting right now?
No. The committee has not met since the March 16 court order, and HHS says it lacks a quorum while the appeal is pending.
Which childhood vaccine schedule applies now?
Because the court paused the January 2026 change, the earlier schedule is back in effect for now. Your pediatrician and the CDC website are the best places to confirm current guidance.
The verdict
Malone’s resignation was a personal decision tied to a dispute with the HHS press office, but it is a side story. The bigger question is the court case over Kennedy’s appointments, which has kept the national vaccine advisory committee from meeting since March. The appeals court ruling, still pending, is the next event to watch.
Updated October 2026: rewritten as a neutral explainer covering the resignation, ACIP’s role, the membership changes and the appeal heard on October 6.
Featured photo: CDC on Unsplash.
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