The West Virginia Supreme Court of Appeals has established a briefing schedule in a significant vaccine exemption case originating from Raleigh County. This case emerged following a ruling by Circuit Judge Michael E. Froble, which was issued on November 26. The court has set a deadline of March 26 for the petitioners, including the West Virginia Board of Education (WVBOE), to file their brief and appendix, as per Rule 5 of the Rules of Appellate Procedure.
Once the petitioners submit their brief, the respondents, which include Miranda G. and others, will have 45 days to file their response. Following this, the petitioners will have an additional 20 days to file a reply. The parties have the option to expedite the process by filing motions to shorten these timeframes or to request extensions if necessary.
Case Background and Developments
The appeal stems from a prior decision that granted a permanent injunction, effectively blocking the education boards from denying religious exemptions for mandatory student vaccinations. This ruling was part of a broader class action certification, which expanded the case’s scope. Earlier this month, the Supreme Court issued a stay, pausing the enforcement of the injunction and any further proceedings until the petitioners’ challenge regarding the class action certification is resolved.
The case was initially directed to the state’s Intermediate Court of Appeals. However, the Supreme Court’s decision to grant a motion for direct review allows it to bypass this step, bringing the matter directly before the state’s highest court. In their motion, the petitioners contended that the legal questions involved are of such statewide significance that only the Supreme Court is equipped to address them effectively. They emphasized that the issues are of fundamental public importance and that urgent circumstances justify immediate review.
Next Steps in the Legal Process
The appeal will be ready for consideration by the court once the deadline for the reply brief passes. The Supreme Court may then choose to decide the case based on the written submissions or schedule oral arguments. The final date for oral arguments during the court’s winter/spring term is set for May 26, with the term concluding on June 11. The next term will commence on September 2, with specific argument dates to be determined later.
This case highlights the ongoing debate surrounding vaccine mandates and exemptions, particularly in educational settings. As the legal process unfolds, it remains a focal point of interest for stakeholders across West Virginia and potentially beyond.
