Updated on Tuesday, Dec. 16, 2025 at 4:30 p.m.
The West Virginia Supreme Court of Appeals issued the scheduling order for its review of the permanent injunction in West Virginia Board of Education (WVBOE), et al v. Miranda G. by Judge Michael Froble in Raleigh County Circuit Court.
Per court procedure, petitioners have four months from the date the judgment being appealed was issued to fully perfect their appeal. The final order issued by Judge Froble in the underlying case was dated Nov. 26, so under the normal application of the rules of procedure, the petitioners in this case (WVBOE, et al) have a deadline of March 26, 2026, to file their brief and appendix. Once that is filed, respondents (Miranda G, et al) will then have 45 days to file a respondent’s brief, and then the petitioners will have 20 days to file a response brief to that by June 1, 2026.
Original Story:
The state’s highest court has agreed to review a lower court’s school vaccine decision.
Friday the Supreme Court of Appeals of West Virginia announced it will review an order from the Raleigh County Circuit Court in response to a petition from the West Virginia Board of Education.
In November Raleigh County Judge Michael Froble granted a permanent injunction against the West Virginia Board of Education in Miranda Guzman v. State Department of Education. Froble wrote in a published order that the Equal Protection for Religion Act (EPRA) applies to the state’s vaccine requirements and required the board to accept religious and philosophical exemptions to the state’s compulsory vaccine law.
The court issued an order halting Froble’s order earlier this month.
The court expects to issue a scheduling order this week, which will establish the deadlines for written filings and responses in the case.
The Supreme Court of Appeals’ involvement has been long anticipated in the yearlong legal battle over school vaccination requirements since Gov. Patrick Morrisey issued an executive order in January granting religious and philosophical exemptions to the state school vaccination requirements.
Current state law says children must be vaccinated for chickenpox, hepatitis-b, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus and whooping cough before beginning school.
A bill seeking to modify those requirements did not pass the West Virginia Legislature this year, casting doubt on the legal basis for Morrisey’s executive order and religious exemptions.
The Supreme Court of Appeals previously agreed to review an earlier, temporary injunction issued by Froble over the summer. The sentencing order for that review gave the involved parties until February of 2026 to make their arguments in writing.
