A federal judge upheld a mandatory coronavirus vaccine policy from Indiana University after a group of students brought a lawsuit against the college in June.
Judge Damon Leichty of the U.S. District Court for the Northern District of Indiana’s South Bend Division decided Sunday that the institution’s near-total inoculation mandate did not violate the 14th Amendment nor that it goes against the state’s ban on vaccine passports. The decision, which denied a preliminary injunction on the matter and was not a final decision on the merits of the lawsuit, was handed down more than one month after eight students at the university sued the school through their counsel America’s Frontline Doctors and the Bopp law firm.
“Recognizing the students’ significant liberty to refuse unwanted medical treatment, the Fourteenth Amendment permits Indiana University to pursue a reasonable and due process of vaccination in the legitimate interest of public health for its students, faculty, and staff,” the 101-page ruling read.
INDIANA UNIVERSITY’S VACCINE MANDATE UNQUESTIONABLY VIOLATES STATE LAW, ATTORNEY GENERAL SAYS
“Even assuming in certain respects irreparable harm and an inadequate remedy at law, the students here haven’t established a likelihood of success on the merits of their Fourteenth Amendment due process claim, or that the balance of harms or the public’s interest favors the extraordinary remedy of a preliminary injunction, before a trial on the merits. The court thus DENIES their preliminary injunction motion,” the document added.
In May, executives at the University of Indiana mandated shots for students, faculty, and employees as a condition to return to campus in the fall. The school said it would grant limited exceptions due to religious, ethical, or medical reasons, though those approved to attend class without vaccinations must don face coverings and submit to stringent testing requirements.
America’s Frontline Doctors vowed to appeal the decision as attorneys railed against the “unconstitutional mandate.”
“Today’s ruling does not end the students’ fight — we plan to immediately appeal the judge’s decision,” James Bopp, Jr., director of litigation for America’s Frontline Doctors, said in a statement. “In addition, we plan on asking the judge to put a hold on IU’s Mandate pending that appeal. We are confident the court of appeals will agree that the Mandate should be put on hold.”
“Continuing our fight against this unconstitutional mandate is necessary to guarantee that IU students receive the fair due process they’re owed by a public university,” he added. “An admitted IU student’s right to attend IU cannot be conditioned on the student waiving their rights to bodily integrity, bodily autonomy, and consent to medical treatment like IU has done here.”
Indiana University praised the ruling and thanked the court for its “quick and thorough” determination.
“A ruling from the federal court has affirmed Indiana University’s COVID-19 vaccination plan designed for the health and well-being of our students, faculty and staff,” a spokesperson said. “We appreciate the quick and thorough ruling which allows us to focus on a full and safe return. We look forward to welcoming everyone to our campuses for the fall semester.”
The college’s vaccine policy drew ire from state Republicans. Seventeen lawmakers wrote a letter to Indiana Gov. Eric Holcomb in a bid to stop the institution from enforcing its requirement. The legislators, who called the policy “unconscionable,” questioned whether it was appropriate to mandate the Pfizer, Moderna, or Johnson & Johnson shots, none of which has gained full approval by the Food and Drug Administration.
“Enforcing a mandate that students and faculty accept a vaccine that does not have full FDA approval is unconscionable,” the letter said. “Students’ classes will be dropped, others will be ostracized from IU, and employees will be terminated per this new policy.”
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More than 760,000 cases of COVID-19 have been diagnosed in Indiana, and 13,940 deaths were attributed to the disease, according to the Johns Hopkins University coronavirus tracker.
Indiana University did not immediately respond to a request for comment from the Washington Examiner.
