CHARLESTON, WV (LOOTPRESS) – The legal battle over West Virginia’s strict school vaccination requirements is heading to the state’s highest court, following a Raleigh County judge’s decision to temporarily allow a group of families to opt out of mandatory immunizations on religious grounds.
On September 4, 2025, the West Virginia Supreme Court of Appeals issued a scheduling order in West Virginia Board of Education et al. v. Miranda G. et al. (No. 25-528). The case stems from an August 12 ruling by Raleigh County Circuit Judge Michael Froble, who granted a preliminary injunction to several families challenging the state’s vaccine mandate.
Judge Froble’s injunction marked a significant—though limited—shift in West Virginia’s long-standing vaccination policies, which historically have not permitted religious exemptions. The ruling allowed only the plaintiff families to forgo vaccines for their children while the case proceeds. Froble stressed the decision was not statewide and did not dismantle broader immunization requirements.
The West Virginia Board of Education and Raleigh County Board of Education, represented by multiple law firms, quickly appealed the ruling to the Supreme Court, seeking expedited review and a stay of Froble’s order. On September 3, the high court denied both requests, meaning the families remain exempt under the injunction while the appeal plays out.
The Supreme Court’s scheduling order sets the following deadlines:
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October 30, 2025 – Petitioners must file their Rule 7(e) list of record contents and issues.
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December 12, 2025 – Deadline to perfect the appeal with briefs and appendices.
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January 26, 2026 – Respondents’ briefs due.
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February 16, 2026 – Deadline for petitioners’ reply briefs.
Once briefs are submitted, the case will be considered mature for review by the justices.
The case has drawn sharp reactions across the state. Governor Patrick Morrisey praised the injunction as a “major win for religious liberty,” while State Board of Education President Paul Hardesty expressed disappointment, citing public health concerns.
While the injunction remains narrow in scope, the upcoming appeal could set a precedent with statewide implications, potentially reshaping West Virginia’s approach to vaccine mandates for the first time in decades.
