Virginia AG Smashes Vaccine Mandate

ATLANTIC OCEAN (Sept. 8, 2015) Hospital Corpsman 3rd Class R. Barnes gives vaccinations aboard the guided-missile destroyer USS Bulkeley (DDG 84). / U.S. Navy photo by Mass Communication Specialist 3rd Class M. J. Lieberknecht/Released

Virginia Attorney General Jason Miyares issued a legal opinion this week addressing the issue of vaccine mandates at state institutions of higher education.

The issue at hand was whether or not in-state colleges and universities could require the vaccine “as a general condition of enrollment or in-person attendance.”

“A prior Opinion of this office…concluded that the ‘broad specific and implied discretion’ granted to institutions of higher education in § 23.1-1301 and other statutes contained in Chapter 13 of Title 23.1 permitted public institutions of higher education to condition in-person attendance on receipt of an approved COVID-19 vaccine. That opinion, however, failed to consider § 23.1-800,” a statement from the attorney general’s office said.

“As recognized in the prior opinion, ‘[t]here is no question that the General Assembly could enact a statute requiring the COVID-19 vaccine for in-person school attendance.’ As of this writing, it has not done so. Over the course of the COVID-19 pandemic, the General Assembly has amended other statues to address pandemic-related issues,” the statement continued.

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  1. Lucy Wright January 31, 2022