The West Virginia Supreme Court of Appeals agreed to directly review an appeal in the state’s school vaccine exemption lawsuit.
The case was first filed with the Intermediate Court of Appeals, but the Supreme Court granted a motion to take it up instead.
Just before Thanksgiving, Kanawha County Judge Michael Froble issued a permanent injunction allowing religious exemptions for school vaccines. The Supreme Court later paused that ruling pending an appeal.
Froble also certified the case as a class action, combining cases from the state and Raleigh County Boards of Education. About 600 students are seeking religious exemptions.
The lawsuit challenges Governor Patrick Morrisey’s executive order issued in January.