08/09/2002 -- APPEAL FILED FROM DENIAL OF RELIGIOUS EXEMPTION
A Notice of Appeal has been filed from the July 25 summary judgment
entered by Judge Dawson in the Western District of Arkansas. The
plaintiff, represented by Gregory T. Karber and Robert T. Moxley, has
filed an Emergency Motion for continued injunctive relief during the
pendency of the appeal. Judge Dawson is expected to rule on the motion
during the week of August 12th.
The appeal will concern the constitutional issues of whether the Frist
Amendment (religious freedom) or the Fourteenth Amendment (right to
privacy) will underlie a parental right to object to vaccination in
general, or to certain individual vaccines, for school children.
An unsettled issue remains with regard to the effect of Judge Dawson's
ruling upon the several hundred Arkansas parents who had previously
obtained religious exemptions for their children. The Plaintiff's
attorneys will address this issue with Judge Dawson in the context of
the motion for continuing injunctive relief.
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In particular, you should be aware that this information may be
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have become out of date.
Gage & Moxley reserves the right to add, modify or delete any
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This publication and any references to products or services are provided
"as is" without any warranty or
implied term of any kind. Nothing contained within
this website should be construed as legal advice, or
as establishing an attorney-client relationship.
ALL INFORMATION, DATA, AND
MATERIAL CONTAINED, PRESENTED, OR PROVIDED HERE IS FOR GENERAL INFORMATION
PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS REFLECTING THE KNOWLEDGE OR OPINIONS
OF THE PUBLISHER, AND IS NOT TO BE CONSTRUED OR INTENDED AS PROVIDING MEDICAL OR
LEGAL ADVICE. THE DECISION WHETHER OR NOT TO VACCINATE IS AN IMPORTANT AND
COMPLEX ISSUE AND SHOULD BE MADE BY YOU, AND YOU ALONE, IN CONSULTATION WITH
YOUR HEALTH CARE PROVIDER.
