Wednesday, March 30, 2011

4th Circuit Upholds West Virginia's Vaccination Requirements Over Constitutional Challenges

In Workman v. Mingo County Board of Education, (4th Cir., March 22, 2011), the U.S. 4th Circuit Court of Appeals upheld West Virginia's statute requiring vaccination for various diseases as a condition of attending school. The court rejected plaintiff's free exercise, equal protection  and substantive due process challenges to the requirement. (See prior related posting.) The Charleston Gazette reporting on the case yesterday says that plaintiff will seek review of the decision in the Supreme Court.