The West Virginia Supreme Court of Appeals has established a briefing schedule for a significant case concerning vaccine exemptions for students. This decision follows a ruling from the Raleigh County Circuit Court, where Circuit Judge Michael E. Froble issued a final order on November 26, 2023. The case revolves around a permanent injunction that prevents education boards from denying religious exemptions for required vaccinations.
According to the Rules of Appellate Procedure, the petitioners, including the West Virginia Board of Education (WVBOE) and other parties, must submit their brief and appendix by March 26, 2024. This four-month period is calculated from the date of the original judgment being appealed. Once the petitioners file their brief, the respondents, led by Miranda G., will have 45 days to respond, followed by a 20-day period for the petitioners to submit a reply.
The schedule allows for early filings, which could expedite the overall timeline. Additionally, the parties involved can request to expedite the case further or seek extensions if necessary. After the reply brief deadline, the court will review the appeal, potentially deciding on the case without a hearing or setting it for oral arguments.
The final date for oral arguments in the court’s winter/spring term is May 26, 2024, with the term concluding on June 11, 2024. The court’s fall term is set to begin on September 2, 2024, with specific argument dates to be determined later this year.
This case reached the state Supreme Court following an order for direct review granted on Friday. The petitioners, which include the state and Raleigh County boards of education along with their superintendents, sought this direct review after a lower court’s ruling that allowed a class action certification. This certification broadened the case’s scope, effectively stopping the education boards from denying religious exemptions for vaccinations.
Earlier in the month, the Supreme Court issued a stay that halted the enforcement of the lower court’s injunction and any further proceedings until the petitioners’ challenge to the class action certification is resolved. The petitioners argued that the legal questions raised by this case have significant implications for the entire state, stating that the matter involves fundamental public importance that necessitates immediate attention.
By bypassing the state’s Intermediate Court of Appeals, the Supreme Court has positioned itself to address the pressing issues surrounding vaccine exemptions and the associated legal framework, underscoring the case’s statewide significance.
