Federal court refuses to block Indiana University COVID-19 vaccine mandate News
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Federal court refuses to block Indiana University COVID-19 vaccine mandate

The US District Court for the Northern District of Indiana Monday denied a motion for preliminary injunction against Indiana University’s mandate that all students get the COVID-19 vaccine before returning to campus in the fall.

The injunction request was filed by eight students from Indiana University representing a variety of different backgrounds and age groups. The students filed the complaint challenging both the vaccination mandate and the precautions concerning masks, frequent mitigation testing and quarantine requirements for those who test positive for COVID-19. These precautions are primarily imposed on individuals who qualified for vaccination exemption under university policy.

The policy allows exemptions for pregnant or breastfeeding people, individuals with religious reasons, and for those with various medical reasons including allergies or recent organ transplants.

At the outset, the court noted that its analysis of the mandate’s constitutionality is limited to the context of a preliminary injunction and is not a final decision on the merits of the case.

Judge Damon Leichty denied the injunction stating that the plaintiffs failed to meet the standard which requires “a strong showing that they will likely succeed on the merits of their claims, that they will sustain irreparable harm, and that the balance of harms and the public interest favor such a remedy.”

Acknowledging the students’ right to refuse unwanted medical treatment, the court explained that the university is not directly administering the vaccine to its students, but only requiring students to obtain the vaccine from a medical provider “and to attest that they have been vaccinated.” The court added:

Schools that provided a religious exemption from mandatory vaccination requirements did so above and beyond that mandated by the Constitution…Indiana University has both medical and religious exemptions, and the same requirements are imposed on both [religious and nonreligious] groups…Recognizing the significant liberty interest the students retain 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. Today, on this preliminary record, the university has done so for its campus communities. That leaves the students with multiple choices, not just forced vaccination.

Indiana University spokesman Chuck Carney appreciated the “quick and thorough” ruling stating that they look forward to welcoming students in the fall. James Bopp Jr., attorney for the plaintiffs noted the students’ intention to appeal.