Vaccine Cases Combined Before High Court

Two cases about whether the West Virginia Board of Education can mandate vaccines to students entering school without allowing for religious exemptions have been combined by the state Supreme Court of Appeals. 

Just after taking office in 2025, Gov. Patrick Morrisey issued an executive order to allow religious exemptions to the vaccine rule based on religious freedom. One of the cases involves a parent, suing on behalf of their minor child, to allow the exemption. Morrisey’s administration has come out in support of the family.  

The other is a formal appeal from the Board of Education.  

“The Supreme Court of Appeals of West Virginia’s Order and Rule to Show Cause in Case No. 25-740: SER West Virginia Board of Education, et al v. The Honorable Michael F. Froble, Miranda G., individually of her minor child A.G.; Carley Hunter, individually and on behalf of her minor child E.G., and on behalf of other similarly situated and Case No. 25-836: West Virginia Board of Education, et al v. Miranda G., et al.” 

The order consolidates the cases and sets the matter for oral argument under Rule 20 of the Rules of Appellate Procedure at a date to be determined later by the Clerk of Court. 

It is unknown when those arguments will take place, but there is only one open day on the courts’ calendar for the fall session. If those arguments do not take place on Nov. 4, they would have to wait until the January spring session.  

Each side in a Rule 20 argument is allotted 20 minutes to make their argument, unless otherwise specified by the court. 

Morrisey has also filed an amicus brief in this case along with a motion to participate in the oral argument. The order handed down today grants that request and orders that the governor be given five minutes of the respondents’ 20-minute response time.  

West Virginia has one of the lowest vaccination rates against diseases like measles, mumps and rubella for children 1-5 years old. Once children reach school age, that rate rises to one of the highest in the nation. There is a measles outbreak nationwide, with nearly 4,000 infections in 2026 according to the Centers for Disease Control and Prevention, mainly among people who are unvaccinated, including four deaths two of which were infants.