CHARLESTON, W.Va. — The Supreme Court of Appeals of West Virginia has issued a scheduling order in Case No. 25‑836: West Virginia Board of Education, et al. v. Miranda G., et al., a case that stems directly from Raleigh County Circuit Judge Michael Froble’s controversial ruling on vaccine exemptions.
On Nov. 26, 2025, Judge Froble granted a permanent injunction allowing families to claim religious exemptions from West Virginia’s long‑standing school vaccination requirements. Froble cited the Equal Protection for Religion Act of 2023, ruling that Gov. Patrick Morrisey had authority to issue an executive order permitting such exemptions.
The decision immediately drew appeals from the West Virginia Board of Education and state officials, who argued the ruling undermined public health protections. Within days, the Supreme Court issued a stay, reinstating the vaccine mandate while the case proceeds.
Now, under the Court’s scheduling order:
- Appeal perfected: March 26, 2026
- Respondent’s brief: May 11, 2026
- Reply brief: June 1, 2026
Once the reply brief deadline passes, the case will be “mature” for consideration. The Court could decide the matter on the merits without oral argument or set arguments later in the year. The spring term’s final oral argument date is May 26, 2026, with the fall term beginning Sept. 2, 2026.
The case has statewide implications. West Virginia has historically maintained one of the strictest vaccine policies in the nation, with no religious or philosophical exemptions. Froble’s ruling briefly opened the door to exemptions, but the Supreme Court’s stay closed it again pending review. Advocates on both sides say the outcome could redefine the balance between public health authority and religious rights in the state.
