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NIKOLAO v. LYON

No. 17-1367.

875 F.3d 310 (2017)

Tara NIKOLAO, Plaintiff-Appellant, v. Nick LYON, individually and in his official capacity as Director of the Michigan Department of Health and Human Services; Wayne County Department of Health, Veterans, and Community Wellness, Dr. Mouhanad Hammami, individually and in his official capacity as Director of the Wayne County Department of Health, Veterans, and Community Wellness, and Carol Austerberry, individually and in her official capacity as Division Director and Deputy Health Officer of the Wayne County Department of Health, Veterans, and Community Wellness. Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 7, 2017.

Attorney(s) appearing for the Case

ARGUED: Kate Oliveri , THOMAS MORE LAW CENTER, Ann Arbor, Michigan, for Appellant. Darrin F. Fowler , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellee Nick Lyon. Davidde A. Stella , WAYNE COUNTY CORPORATION COUNSEL, Detroit, Michigan, for Appellees Wayne County, Hammami, and Austerberry. ON BRIEF: Kate Oliveri , Brandon Bolling , THOMAS MORE LAW CENTER, Ann Arbor, Michigan, for Appellant. Darrin F. Fowler , Mark A. Gabrielse , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellee Nick Lyon. Davidde A. Stella , WAYNE COUNTY CORPORATION COUNSEL, Detroit, Michigan, for Appellees Wayne County, Hammami, and Austerberry.

SUHRHEINRICH, J., delivered the opinion of the court in which GRIFFIN, J., joined, and KETHLEDGE, J., joined in the result. KETHLEDGE, J. (pg. 320), delivered a separate opinion concurring in the judgment.

OPINION

The state of Michigan mandates that school-age children be vaccinated prior to entering the public school system. It also offers exemptions from this requirement for certain medical and nonmedical reasons. However, in order to get an exemption, a parent must first visit a local health department and...

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