It's time to get a flu vaccine, and pediatricians are urging people to get them after last winter, when the U.S. saw the most flu-related child deaths in 15 years. [MEDPAGE Today]

Hughes is an attorney and advisor in the biopharma sector. Gostin is an expert in health law and policy.

October is the ideal month to get protected, experts say, because flu cases typically begin climbing in November.

"The best time is today. If you haven't already had it, get it. I got mine yesterday," said Laura Riley, MD, of the American College of Obstetricians and Gynecologists.

These shifts are not just public health blunders. They are the product of a legally compromised process that betrays both the letter and spirit of laws designed to prevent exactly this kind of arbitrary decision-making.

Role of the APA

The Administrative Procedure Act (APA) requires federal agencies to engage in deliberative processes and reasoned decision-making, supported by a full and fair record. Since its enactment in 1946, the APA has stood as a cornerstone of federal governance, ensuring agencies explain their reasoning, consider the full scope of evidence, and avoid arbitrary or politically driven choices. Courts have repeatedly struck down rules as "arbitrary and capricious" when agencies fail to consider important aspects of the problem or rely on selective evidence.

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