Lawyers Robert F. Kennedy Jr. and Michael Sussman filed a lawsuit in New York State Supreme Court July 10 on behalf of 55 families hoping to restore the exemption. State legislators eliminated the exemption earlier this year to curb two state measles outbreaks, which have primarily affected Orthodox Jewish communities.
The lawyers asked Judge Michael Mackey to temporarily block the repeal as the lawsuit proceeded, but he refused, citing previous court rulings that gave states the right to set vaccine requirements.
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