
By Michael Nevradakis, Ph.D.
Last week’s decision was the second time the 2nd Circuit ruled against the plaintiffs. The same court previously dismissed the suit in 2024, upholding a decision by another federal court earlier that year.
In December 2025, the Supreme Court sent the case back to the 2nd Circuit, asking it to review constitutional questions arising out of a separate ruling, Mahmoud v. Taylor, in 2024. In that case, the Supreme Court found that parents have the right to request an exemption for their children from LGBTQ curriculum on religious grounds.
According to The Washington Post, last week’s ruling in Miller v. McDonald may “set the stage for a potential Supreme Court battle over vaccine mandates,” citing legal experts who suggested the court is likely to accept the case for review on constitutional grounds and in light of the Mahmoud v. Taylor decision.
Lawrence Gostin, a Georgetown University professor of health law and an outspoken vaccine proponent, told the Post he expects the Supreme Court to “reverse the appellate court’s decision” if it chooses to review the case.
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