CHARLESTON, WV (LOOTPRESS) — The Supreme Court of Appeals of West Virginia has temporarily blocked a Raleigh County judge’s ruling in a high-profile education case, granting a stay that pauses all enforcement of the lower court’s injunction while the state’s highest court reviews the matter.
The order, issued December 2, 2025, grants a request from the West Virginia Board of Education, the Raleigh County Board of Education, several state education officials, and a petitioner identified as “Jane Doe.” The petitioners sought to halt a November 26 ruling by Circuit Judge Michael E. Froble, who had issued a permanent injunction and declaratory relief in a lawsuit brought by two parents on behalf of their children.
State Education Officials Sought Emergency Relief
On November 10, the petitioners filed an expedited motion asking the Supreme Court to intervene and stay all proceedings in the case while their petition for a writ of prohibition is considered. They argued that the Raleigh County judge’s ruling should not take effect until the Supreme Court determines whether the circuit court exceeded its authority.
The respondents—two parents suing on behalf of their children and a class of similarly situated families—filed objections to the stay request on November 13.
Court Allows Supplemental Record, Adds Lower Court Order
The Supreme Court also granted the petitioners’ motion to file a supplemental appendix and, on its own initiative, added the circuit court’s November 26 injunction order to the case record.
Injunction Paused, Appeal Deadlines Still Active
In its ruling, the Supreme Court stated it had reviewed the filings and determined a stay was warranted. As a result, Judge Froble’s injunction and any further proceedings in the Raleigh County Circuit Court are paused until the Supreme Court resolves the petition for a writ of prohibition.
However, the stay does not stop or extend any applicable appeal deadlines, meaning parties must still meet existing time limits to appeal portions of the case.
What Comes Next
The underlying case—State of West Virginia ex rel. West Virginia Board of Education et al. v. Hon. Michael E. Froble, et al.—will now proceed before the Supreme Court, which will determine whether the circuit court acted within its authority when issuing its permanent injunction.
The Court has not yet scheduled arguments or indicated when a final decision may be issued.
The West Virginia Board of Education released the following statement:
“In light of the West Virginia Supreme Court’s stay of the class certification order and the permanent injunction order entered in Raleigh County Circuit Court, the West Virginia Board of Education is reinstating its directive to county boards of education not to accept religious exemptions to compulsory vaccination laws. This directive will be in effect until the Supreme Court issues further guidance. Our priority is to ensure compliance with W. Va. Code §16-3-4 and safeguard the health and well-being of all students across West Virginia.”
