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Judge Damon Leste wrote, “In recognition of the students’ great freedom to refuse unwanted medical treatment, the Fourteenth Amendment permits Indiana University to pursue reasonable and due process of vaccination in the legitimate interest of the public health of its students, faculty, and staff.” Judgment consisting of 101 pages.
“Today, in this preliminary record, the university has done just that for the campus communities.”
The ruling came after eight students filed a lawsuit claiming that the school’s vaccination policy is unconstitutional and in violation of the Fourteenth Amendment and state law.
In the ruling, Judge Leste denied a request for a preliminary injunction and wrote that the students were unlikely to succeed on the basis of their claim.
IU first announced its plan to require students, faculty and staff to receive Covid-19 vaccinations before the fall semester in June. The university is one of more than 100 American colleges and universities that require students to be vaccinated.
Indiana University praised the ruling in a statement to CNN.
“A federal court ruling confirmed Indiana University’s COVID-19 vaccination plan designed for the health and well-being of our students, faculty, and staff,” IU said. “We appreciate the swift and comprehensive decision that allows us to focus on a full and safe return. We look forward to welcoming everyone to our campus for the fall semester.”
James Pope Jr., the plaintiff’s lead plaintiff and director of litigation for Front Line Physicians of America, said they intend to appeal.
“Today’s ruling does not end the students’ fight – we plan to appeal the judge’s decision immediately,” Bob said in a statement. “In addition, we plan to ask the judge to suspend IU’s authorization pending that appeal. We are confident that the Court of Appeals will agree that the authorization should be delayed.”
The US Supreme Court has long ruled that states and public schools can mandate vaccinations. Judge Lecce’s ruling referred to Indiana’s longstanding requirements for other pre-school vaccinations.
“The state of Indiana requires that all public college students be vaccinated against diphtheria, tetanus, measles, mumps, rubella, and meningococcal disease before going to school. All but one of these vaccinations have been required since 1993,” the ruling said.
In rejecting the proposal, the ruling also notes that the university allows some exceptions, including on religious and medical grounds, and said students therefore have “multiple options, not just compulsory vaccination.”
In late April, Indiana passed a law prohibiting state or local units from requesting a vaccination passport, so any vaccination request must be based on an honor system. Across the country, young Americans have been vaccinated at lower rates than older Americans, and young adults have also been infected more than any other demographic. People between the ages of 18 and 29 make up 16.4% of the US population, but they account for 22.5% of all Covid-19 cases, according to data from the US Centers for Disease Control and Prevention (CDC). They have serious consequences from Covid-19 compared to unvaccinated elderly people, but they can still become seriously ill and pass the virus on to other people. Non-immunized people also provide more opportunities for developing dangerous mutations, such as the delta variant. .
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