West Virginia Attorney General Seeks Consolidation of Vaccine Exemption Lawsuits in Raleigh County

West Virginia Attorney General J.B. McCuskey has filed motions to consolidate two opposing lawsuits regarding Governor Patrick Morrisey's executive order that allows religious exemptions to the state's compulsory school vaccination law. One lawsuit, filed in Raleigh County by parents seeking religious exemptions, won a preliminary injunction against the state's vaccination enforcement, while the other, filed in Kanawha County by parents of immunocompromised children, challenges the constitutionality of the executive order due to health concerns. McCuskey argues that both cases present identical legal issues and facts, necessitating consolidation in Raleigh County to ensure judicial efficiency and avoid conflicting rulings. The state Board of Education has appealed the preliminary injunction to the West Virginia Supreme Court and requested expedited review, emphasizing the urgency given the school year is underway. The lawsuits highlight a clash between public health mandates and religious liberty, with the courts now tasked with determining whether the executive order can override existing state vaccination laws. Consolidating the cases aims to provide a unified judicial response to prevent confusion for schools, families, and health officials.