The West Virginia Supreme Court of Appeals has established a briefing schedule for an ongoing case concerning vaccine exemptions for students in Raleigh County. This case arose from a ruling by Circuit Judge Michael E. Froble, dated November 26, which granted a permanent injunction against the state’s education boards regarding religious exemptions for required vaccinations.
Under the schedule set forth in accordance with Rule 5 of the Rules of Appellate Procedure, the petitioners, including the West Virginia Board of Education and other parties, must submit their brief and appendix by March 26, 2024. Following this submission, the respondents, identified as Miranda G. and others, will have 45 days to file their response. The petitioners can then provide a reply brief within 20 days.
The timeline allows for flexibility, as parties may choose to file their documents earlier, potentially accelerating subsequent deadlines. They also have the option to file motions to expedite the case or request extensions.
Once the deadline for the reply brief has elapsed, the court will be able to consider the appeal, as outlined in the Rules of Appellate Procedure. The court may reach a decision based solely on the written briefs or schedule oral arguments. The last day for oral arguments in the court’s winter/spring term is set for May 26, 2024, with the term concluding on June 11. The subsequent fall term is scheduled to begin on September 2, 2024, with specific argument dates to be determined later.
This case advanced to the West Virginia Supreme Court following a direct review order issued on a motion filed by the petitioners, which included the state and the Raleigh County boards of education. The motion sought a review of the lower court’s decision that not only granted the permanent injunction but also certified the case as a class action. This ruling effectively prohibited education boards from denying religious exemptions for vaccinations mandated for students.
Earlier this month, the high court issued a stay that halted the enforcement of the injunction and all related proceedings until the petitioners’ challenge regarding the class action certification is resolved. The appeal had initially been directed to the state’s Intermediate Court of Appeals, but the direct review process has enabled the case to bypass that stage, bringing it directly to the state’s highest court.
In their motion for direct review, the petitioners emphasized that the legal questions raised in this case carry significant implications for the entire state. They argued that the issues at hand are of fundamental public importance and that the urgency of the situation necessitates immediate judicial review.
