Trump's Trials - Inside RFK Jr.'s nonprofit's legal battles over vaccines and public health

Episode Date: December 4, 2024

Trump's Trials is now Trump's Terms. Each episode, host Scott Detrow curates NPR coverage of the incoming Trump administration.Children's Health Defense is an anti-vaccination nonprofit chaired by Robert F. Kennedy Jr. In recent years, the nonprofit has filed dozens of lawsuits, many challenging vaccines and public health mandates. NPR's Shannon Bond reports.Support NPR and hear every episode sponsor-free with NPR+. Sign up at plus.npr.org.Learn more about sponsor message choices: podcastchoices.com/adchoicesNPR Privacy Policy

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From the online trends that dominated 2024, on the spectrum of Brat to Demure, where are you right now? To spicy TikTok viral reads, these romance fantasy books about dragons, NPR kept you up to speed on pop culture all year long. Give back to the news source that just hits different by donating today at donate.npr.org. And thank you. I'm Amartinez. Next we'll look at the anti vaccination nonprofit chaired by Robert F. Kennedy Jr., who is President-elect Trump's nominee to lead the Department of Health and Human Services. It's called Children's Health Defense, and it's filed dozens of lawsuits, many of which challenge vaccines and public health mandates. Some target the federal agencies Kennedy would oversee.

Here's NPR's Shannon Bond. In November 2023, Robert F. Kennedy Jr. took the stage at a conference put on by Children's Health Defense, where he's been on leave while running for president. I feel like I've come home today to this organization. Kennedy recounted his path to anti-vaccine advocacy and his vision for the government, including calling for a, quote,

break in infectious disease research. Right now, if you trust your government, you're not paying attention. Kennedy's profile got a boost during the COVID pandemic. He used that visibility to launch his presidential bid. In August, he dropped out and endorsed former President Trump. The pandemic also elevated children's health defense. Since 2020, the group's fundraising surged, and it's been involved in nearly 30 federal

and state lawsuits. Kennedy is listed as a lawyer on some of the cases. He didn't respond to a request for comment. Doreet Rice is a professor at the University of California, San Francisco, who studies vaccine law. Before the pandemic, anti-vaccine groups brought cases or supported cases, but not to this extent. So this is a new thing. CHD is also a prolific content creator and a leading source of false and misleading claims sowing doubt in vaccines, including the debunked assertion that vaccines cause autism.

In 2020, it helped finance a sequel to the viral pandemic video, which baselessly alleged COVID was planned as part of a global conspiracy. Its legal work expanded during the pandemic, says CHG president Mary Holland. During the COVID era, there were so many threats to health and to liberty and to

children in particular that litigation was central. CHD filed lawsuits challenging vaccine requirements for New York City health care workers and students at Rutgers University. It tried to revoke the Food and Drug Administration's emergency use authorization of COVID vaccines for kids. Paul Offit is director of the Vaccine Education Center at the Children's Hospital of Philadelphia and a longtime critic of the anti-vaccine movement. They have always sort of put forward that message of freedom, medical freedom, freedom to do what you want,

which unfortunately in this case meant freedom to catch and transmit a potentially fatal infection. CHD lost many of those cases. Courts found Rutgers didn't violate its students' rights by requiring vaccines. The FDA case was dismissed for lack of standing. But Rice says litigation helps CHD get more attention, even when courts reject its arguments. They use the fact that they're using legal tools to give legitimacy to anti-vaccine claims. Paulin says CHD has made an impact even when it's lost in court. For example, while its lawsuits against vaccine mandates failed, she claims credit for the fact public schools don't require COVID

vaccines, even as the CDC recommends them for everyone six months and older. I think our advocacy together with our reporting, together with our litigation played a role in that. Many other groups did as well, but that has been very significant. For many Americans, the pandemic was a moment of vulnerability. Rice says that as vaccination and public health measures became politicized, CHD seized the opportunity to push anti-vaccine messages. These groups have a ready-made set of claims. Once their claims become mainstream and people start looking, they appear more credible to people who wouldn't have given them the time of day before. CHD's litigation strategy has driven donations.

NBC News reported the group received $200,000 last year to fund lawsuits. Holland declined to comment on CHG's finances. While many of its pandemic-era suits ended in defeat, others continue. CHG is suing the Biden administration for censorship, arguing it pressured social media platforms to remove its content. It's also defending doctors under investigation

by state medical boards for promoting false information about COVID. The Supreme Court just rejected CHD's request that it intervene in one such case in Washington state. Last month, Hollins celebrated Trump picking Kennedy to lead the federal health department on her weekly online broadcast. Game on. We are really there. And it's not going to be easy, Polly, but look at how far we've come. A recent fundraising email pledged, quote, CHD is ready to make the most of this opportunity. Shannon Bond, NPR News. And before we wrap up, a thank you to our NPR Plus supporters,

who hear each show without sponsored messages, and of course, who help protect independent journalism. If you are not a supporter yet, you can visit plus.npr.org to find out how you can get a ton of podcast perks across dozens of NPR shows, like bonus episodes, exclusive merchandise, and more. Again, that's plus.npr.org. I'm Scott Detro.

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