Lawsuit Challenges Retaliation Against Pediatricians for Defending Evidence-Based Care
Washington, D.C. — The American Academy of Pediatrics (AAP), the nation’s leading organization of primary care pediatricians, pediatric medical subspecialists, and pediatric surgical specialists with 67,000 members, is suing the U.S. Department of Health and Human Services (HHS). The AAP is doing so after HHS abruptly cut nearly $12 million in federal public health funding in retaliation because AAP has spoken out against the administration’s actions that have threatened children’s health. Democracy Forward represents AAP in this case.
AAP alleges that HHS, through the Centers for Disease Control and Prevention (CDC) and the Health Resources and Services Administration (HRSA), retaliated against AAP for its protected speech—including its advocacy for evidence-based vaccine policy—by suddenly terminating seven long-running federal grants.
AAP is asking the U.S. District Court for the District of Columbia to immediately block the funding cuts and order the government to restore the grants while the case proceeds.
The terminated funding supported critical pediatric public health programs serving communities across the country, including efforts to prevent sudden unexpected infant death, improve early detection of developmental disabilities and birth defects, strengthen pediatric care in rural communities, support adolescents facing substance use and mental health challenges, and improve standards of care for newborns. AAP warns that without immediate court intervention, these programs will end within weeks, staff will be laid off, and children and families nationwide will lose access to crucial child health programs.
“For 95 years, the American Academy of Pediatrics has lived its mission: to optimize the health and well-being of infants, children, adolescents, and young adults. We do that through the care pediatricians provide to families every day, through our evidence-based policy, and through our advocacy,” said Mark Del Monte, JD, AAP Chief Executive Officer/Executive Vice President. “The AAP has long enjoyed a strong partnership with the federal government; we need this partnership to advance policies that prioritize children’s health. These vital child health programs fund services like hearing screenings for newborns and safe sleep campaigns to prevent sudden unexpected infant death. We are forced to take legal action today so that these programs can continue to make communities safer and healthier.” 
“The Department of Health and Human Services is using federal funding as a political weapon to punish protected speech, trying to silence one of the nation’s most trusted voices for children’s well-being by cutting off critical public-health funding in retaliation for speaking the truth,” said Skye Perryman, President and CEO of Democracy Forward. “The Constitution does not allow the government to punish organizations for defending science, medicine, and children’s lives. This unlawful retaliation puts kids at risk, undermines public health, and threatens free speech itself—and we are going to court to stop them.”
The complaint asks the court to immediately enjoin the grant terminations and restore funding while the case proceeds, arguing that the administration’s actions violate the First Amendment and undermine public health. It cites examples of other grantees doing similar work that have not had grants cancelled, and critical public comments by members of the administration targeting AAP for protected speech, making clear that the actions taken against AAP are retaliatory.
The case is American Academy of Pediatrics v. U.S. Department of Health and Human Services, et al., and the legal team at Democracy Forward in this case includes Joshua Salzman, Allyson Scher, Michael Torcello, Joel McElvain, and Robin Thurston.
Read the complaint here.
##
The American Academy of Pediatrics is an organization of 67,000 primary care pediatricians, pediatric medical subspecialists and pediatric surgical specialists dedicated to the health, safety and well-being of infants, children, adolescents and young adults.