From the Morning Memo:

A case challenging New York’s law ending the religious exemption for vaccinating school children faced another setback in court on Thursday as an appeals court denied a request for a repeal of the measure.

Attorney Michael Sussman, a longtime legal activist who is representing anti-vaccination parents in the court challenge alongside Robert F. Kennedy, Jr., wrote in a Facebook post on Thursday the next step was to bring their argument to the Court of Appeals, the state’s highest court.

The decision from the state Appellate Court’s third department came without explanation, Sussman said.

Several rulings so far have upheld the law ending the religious exemption for vaccinations, which was approved by lawmakers in June amid a measles outbreak in Brooklyn and Rockland County.

More than 1,000 measles cases have been reported in the last year.

“While the courts in our state have been unsympathetic to date to our effort to repeal the repeal, many educators from around the state recognize the absence of any good rationale for the legislature’s action and the tremendous disservice the repeal is doing to the state and many families,” Sussman wrote in the post.

Public health officials and experts roundly agree healthy people should be vaccinated for preventable diseases in order to create herd immunity.

A majority of New Yorkers supported ending the religious exemption for vaccinations, polls have shown.