ASRM, Leading Medical Organizations File Amicus Brief Supporting American Academy of Pediatrics in COVID-19 Vaccine Policy Lawsuit Against HHS

October 11, 2025
For immediate release

Washington, DC—The American Society for Reproductive Medicine (ASRM), along with 19 other leading medical organizations, jointly filed an amicus brief in American Academy of Pediatrics et al. v. U.S. Department of Health and Human Services supporting the American Academy of Pediatrics. The brief challenges a May 2025 directive by HHS Secretary Robert F. Kennedy, Jr. (“the Directive”) removing COVID-19 vaccines for children and pregnant individuals from the CDC’s recommended immunization schedules without credible medical justification.  
 
Urging the court to vacate the Directive and restore the CDC’s prior recommendations, the amicus brief emphasizes how there is no medical evidence that the COVID-19 vaccine poses a risk to newborns, children, or pregnant individuals. Conversely, the filers highlight that the COVID-19 vaccine is critical to protecting infants and pregnant patients, both of whom are at higher risk of serious illness or death from contracting the illness.  
 

“Vaccination against Covid during pregnancy yields a three-fold benefit:  It helps safeguard the pregnant individual from severe disease, protects the fetus in utero through the transmission of antibodies and protects the infant post-birth from potential exposure to the virus from the patient,” reads the brief. “In addition, vaccinated patients have lower rates of stillbirth and neonatal ICU admission than unvaccinated patients.” 

 
The brief also outlines a litany of harms the Directive poses to public health, including:  

• Decreased access to COVID-19 vaccines: The Directive has already caused some pharmacies and clinics to stop offering the vaccine to pregnant patients and children, and may cause insurance to stop covering vaccine costs.  
• Increased distrust of doctors: The Directive fosters distrust of doctors' advice to their patients to get vaccinated, damaging the patient-physician relationship and inhibiting doctors’ ability to practice according to the required standard of care. Promotion of vaccine skepticism will cause patients to disregard medical advice. 
• Ethical dilemmas for doctors: The Directive will force physicians to choose between the Directive and evidence-based medical and scientific authorities.  

 

“Ensuring access to safe, evidence-based health care is core to our mission to advance the science of reproductive health, and protect people’s overall wellbeing,” said ASRM President Dr. Elizabeth Ginsburg. “We filed this brief because science, not politics, must govern public health decisions. Thank you to the American Academy of Pediatrics and the American College of Obstetricians and Gynecologists for leading the charge.” 

 
Click here to read the full amicus brief.