Mingo Mother Files for U.S. Supreme Court Reivew of WV Immunization Law(s)

Under Supreme Court rules the petition will be distributed to the justices for their decision “no less than ten days after the brief in opposition is filed.”  Generally, each justice has a so-called “cert clerk” read petitions and recommend on their disposition. Other justices may rely upon a “pool” reader.

Rules of the U.S. Supreme Court indicate that court review of the case is discretionary.

Workman received an unfavorable ruling in the U.S. Court of Appeals for the Fourth Circuit on March 22, 2011. The mother contended that her constitutional rights were violated when the Mingo County Board of Education refused to admit her daughter without meeting state law immunization requirements.

She had obtained a statement from a child psychiatrist that in light of her child’s health problems vaccination for diphtheria, polio, rubeola, rubella, tetanus and whooping cough should be waived under a WV law allowing a reputable physician to sign a certification.

A portion of the Fourth Circuit opinion stated:

·         Workman raised constitutional and statutory claims, and sought a declaratory judgment, injunctive relief, and damages. Specifically, she alleged that Defendants’ denial of her application for a medical exemption violated her First Amendment rights. She further alleged that Defendants’ denial of her application for a medical exemption constituted a denial of Equal Protection and Due Process. In addition, Workman alleged that Defendants violated West Virginia Code Section 16-3-4 by refusing to accept Dr. MacCallum’s certificate.

·         In a memorandum opinion and order of November 3, 2009, the district court determined that the Mingo County Board of Education and the West Virginia Department of Health and Human Services were entitled to Eleventh Amendment immunity from Workman’s claims. The district court further concluded that Workman’s constitutional claims lacked merit.

The full opinion of the Fourth Circuit can be accessed at: http://pacer.ca4.uscourts.gov/opinion.pdf/092352.U.pdf