AG Miyares says Virginia colleges and universities can’t require a Covid vaccine

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:There were no typos, OP. Sorry to disappoint.

As much as Charlottesville loves amending statues, I’m pretty sure that’s supposed to say statutes.

So then, not "riddled" with typos. Glad you cleared up your mistake.

The statue mistake appears TWICE. For four short paragraphs, that’s really bad. Expect better.

Reflects poorly on W&M Law.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:There were no typos, OP. Sorry to disappoint.

As much as Charlottesville loves amending statues, I’m pretty sure that’s supposed to say statutes.

So then, not "riddled" with typos. Glad you cleared up your mistake.

The statue mistake appears TWICE. For four short paragraphs, that’s really bad. Expect better.

Reflects poorly on W&M Law.

Clearly he is not a UVA Law grad.

[Anonymous]

Guess we can call it Virginax now or Virginoda. So glad I left for a Blue state.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Kind of a communications fail that he did not link to the opinion itself in his tweet.

Um... he did. Did you manage to actually click on the tweet?

Oh sweet child, did you? His tweet had an image of the press release. The link to the opinion included in the press release was not captured in the image.

You didn’t think the press release was the actual legal opinion, did you?

I think you mean the link to the opinion WAS captured in the image - but didn't work. That's completely different than saying he didn't link to the opinion itself.

At the bottom of the press release, it says "Read the opinion HERE" with a hyperlink that didn't work.

From just his tweet, was there any way to click through directly to the opinion? No. Therefore, there was a communications failure in that his tweet didn’t actually link to the opinion. I don’t know why you determined to deny this objective fact.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:There were no typos, OP. Sorry to disappoint.

As much as Charlottesville loves amending statues, I’m pretty sure that’s supposed to say statutes.

So then, not "riddled" with typos. Glad you cleared up your mistake.

The statue mistake appears TWICE. For four short paragraphs, that’s really bad. Expect better.

Reflects poorly on W&M Law.

The Communications Director that created the release graduated from UVA.

[Anonymous]

Anonymous wrote:Guess we can call it Virginax now or Virginoda. So glad I left for a Blue state.

I believe Virginx would be the preferred form.

[Anonymous]

Cool. We won’t bother to place Virginia colleges on our list. I’m glad you posted this, because we will keep an eye out for what other state AGs do. Hopefully, they can at least spell.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:There were no typos, OP. Sorry to disappoint.

As much as Charlottesville loves amending statues, I’m pretty sure that’s supposed to say statutes.

So then, not "riddled" with typos. Glad you cleared up your mistake.

Is the passive aggressive one saying they are glad someone corrected their mistake the attorney general’s PR person?

Woo! That is some passive aggressiveness right there! I give you an A+ for that, PP.

[Anonymous]

Anonymous wrote:

Anonymous wrote:It’s an advisory opinion with zero legal weight. Virginia’s colleges and universities will ignore this and keep doing what they’re doing.

That seems like the play. Lots of red meat theater for the rubes with no real legal weight. But just wait till a pissed off parent shows up with guns.
Virginia, you done messed up.

Will the parent with guns be anti-vaccination? What if there are parents with guns for both anti and pro? Do we let them shoot it out old west style? We could bring back the duel…

[Anonymous]

Anonymous wrote:Guess we can call it Virginax now or Virginoda. So glad I left for a Blue state.

🤣

[Anonymous]

Anonymous wrote:

Anonymous wrote:Thank you. This just made my child's decision a little easier. He can take Tech off his list. Yeah, yeah, yeah who cares as they have so many applications and admits. I care and he can go somewhere where vaccinations like covid, measles, meningitis, and hep A are required. We are out of state anyway, so what difference would it make paying OOS to one state versus another where common sense prevails.

+100. Both my kids were accepted and declined. Both of my kids are oos and it would have saved a lot of money but that and their poor reputation for allowing students with disabilities accommodations made it an easy no for them.

What does the bolded mean?

[Anonymous]

Anonymous wrote:Reading both opinions, it is not clear to me what the correct answer is, but there is a glaring omission in Miyares' opinion that suggests to me Herring's may be better-reasoned.

Herring's April 2021 opinion on the issue essentially is that the Virginia code provides a broad grant of discretion to boards of visitors to set policies and regulations to maintain campus health and safety and there is noting in the Virginia code that prohibits boards of visitors from imposing a covid vaccine requirement during a public health emergency. Other bodies, such as the General Assembly and the Commissioner of Health, can also create health-related requirements, but this does not inherently strip authority from the boards of visitors from also acting to impose health and safety-related rules. Therefore, the boards of visitors are not prohibited from conditioning in-person attendance on receipt of an approved covid-19 vaccine.

Miyares' reasoning is that, notwithstanding the broad general grant of authority by the General Assembly to boards of visitors, the General Assembly has created some statutory requirements in the area of vaccine requirements and that implicitly means the boards of visitors do not have authority to regulate in this area. The Virginia code provision he cites does itself say anything about vaccine requirements imposed by the General Assembly being the exclusive list of vaccines that may be required for in-person attendance, however, and Miyares does not cite to any code provision or case law stating that, where the General Assembly has chosen to act in an area, the boards of visitors are prohibited from also acting in that area to supplement the General Assembly's enactments. It may be that such code or case law does exist, but it is a pretty notable omission not to include it if it does.

Dillons Rule? - Where the General Assembly makes a statewide law, like they did for the required immunizations list for public baccalaureate colleges, local governments cannot make their own different law.

[Anonymous]

Anonymous wrote:Oh, look. Right there on Page 2 of his opinion:

With regard to immunizations, the General Assembly has made clear the immunizations that are required for a student to enroll in an institution of higher education. Under § 23.1-800 of the Code of Virginia, “each student shall be immunized by vaccine against diphtheria, tetanus, poliomyelitis, measles (rubeola), German measles (rubella), and mumps” prior to enrollment “for the first time in any baccalaureate public institution of higher education.”4 Students may not register for a second semester or quarter until they have furnished “documented evidence, provided by a licensed health professional or health facility, of the diseases for which [they] ha[ve] been immunized.”5

Now you twits can stop repeating the lie that "no vaccinations are required."

So others than those. Got it.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Reading both opinions, it is not clear to me what the correct answer is, but there is a glaring omission in Miyares' opinion that suggests to me Herring's may be better-reasoned.

Herring's April 2021 opinion on the issue essentially is that the Virginia code provides a broad grant of discretion to boards of visitors to set policies and regulations to maintain campus health and safety and there is noting in the Virginia code that prohibits boards of visitors from imposing a covid vaccine requirement during a public health emergency. Other bodies, such as the General Assembly and the Commissioner of Health, can also create health-related requirements, but this does not inherently strip authority from the boards of visitors from also acting to impose health and safety-related rules. Therefore, the boards of visitors are not prohibited from conditioning in-person attendance on receipt of an approved covid-19 vaccine.

Miyares' reasoning is that, notwithstanding the broad general grant of authority by the General Assembly to boards of visitors, the General Assembly has created some statutory requirements in the area of vaccine requirements and that implicitly means the boards of visitors do not have authority to regulate in this area. The Virginia code provision he cites does itself say anything about vaccine requirements imposed by the General Assembly being the exclusive list of vaccines that may be required for in-person attendance, however, and Miyares does not cite to any code provision or case law stating that, where the General Assembly has chosen to act in an area, the boards of visitors are prohibited from also acting in that area to supplement the General Assembly's enactments. It may be that such code or case law does exist, but it is a pretty notable omission not to include it if it does.

Dillons Rule? - Where the General Assembly makes a statewide law, like they did for the required immunizations list for public baccalaureate colleges, local governments cannot make their own different law.

Dillon's rule applies to local counties/cities, not boards of public colleges and universities. The General Assembly has given a broad grant of authority to those boards under section 23.1-1301, including authority for boards of visitors to "[m]ake regulations and policies concerning the institution[,]" and authority for governing boards to "[a]dopt regulations or institution policies for the conduct of students in attendance and for the rescission or restriction of financial aid, suspension, and dismissal of students who fail or refuse to abide by such regulations or policies[.]" If the General Assembly had issued the equivalent of 21.1-1301(A)(1) (the first one listed above) for counties/cities, that would probably gut Dillon's rule.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Oh, look. Right there on Page 2 of his opinion:

With regard to immunizations, the General Assembly has made clear the immunizations that are required for a student to enroll in an institution of higher education. Under § 23.1-800 of the Code of Virginia, “each student shall be immunized by vaccine against diphtheria, tetanus, poliomyelitis, measles (rubeola), German measles (rubella), and mumps” prior to enrollment “for the first time in any baccalaureate public institution of higher education.”4 Students may not register for a second semester or quarter until they have furnished “documented evidence, provided by a licensed health professional or health facility, of the diseases for which [they] ha[ve] been immunized.”5

Now you twits can stop repeating the lie that "no vaccinations are required."

So others than those. Got it.

You sound like a sulky child who refuses to admit they were wrong.