Federal Judge Upholds Indiana University’s Vaccine Mandate
The ruling appears to be the first to affirm colleges’ rights to insist that those coming on campus be vaccinated.,
A federal judge upholds Indiana University’s vaccination requirement for students.
- July 19, 2021, 12:21 p.m. ET
In what appeared to be the first ruling upholding a coronavirus vaccine mandate by a university, a federal judge affirmed on Monday that Indiana University could require that its students be vaccinated against the virus.
A lawyer for eight student plaintiffs had argued that requiring the vaccine violated their right to bodily integrity and autonomy, and that the coronavirus vaccines have only emergency use authorization from the Food and Drug Administration, and should not be considered as part of the normal range of vaccinations schools require. He vowed an appeal to the U.S. Supreme Court if necessary.
“What we have here is the government forcing you to do something that you strenuously object to and have your body invaded in the process,” said the lawyer, James Bopp Jr.
He said that the appeal would be paid for by America’s Frontline Doctors, a conservative organization that has been pursuing an anti-vaccine agenda. Mr. Bopp, of Terre Haute, Ind., is known for his legal advocacy promoting conservative causes.
Mr. Bopp filed the lawsuit in June, after Indiana University announced the previous month that faculty, staff and students would be required to get coronavirus vaccinations before coming to school this fall.
The university, whose main campus is in Bloomington, Ind., said that students who did not comply would have their class registrations canceled and would be barred from campus activities.
The requirement permitted exemptions only for religious objections, documented allergies to the vaccine, medical deferrals and virtual class attendance.
On Monday, Judge Damon R. Leichty of the U.S. District Court for Northern Indiana said that while he recognized the students’ interest in refusing unwarranted medical treatment, such a right must be weighed against the state’s greater interest.
“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,” his ruling said, also noting that the university had made exceptions for students who object.
Universities around the country have taken different positions on the question of requiring coronavirus vaccines, with about 400 campuses mandating vaccines. Students on several campuses have filed or threatened lawsuits.