Federal Judge OKs University Vaccine Mandate for Students
Indiana University mandated COVID-19 vaccinations for its students last May. Eight students sued. On July 18, a federal judge ruled that Indiana University’s new policy requiring all students, faculty and staff to be fully vaccinated before returning to campus for the fall semester does not violate the U.S. Constitution.
The students argued that Indiana University’s vaccine mandate violates substantive due process rights secured by the 14th Amendment. In denying a request for preliminary injunction against the university, U.S. District Judge Damon R. Leichty held that it appeared that the university had acted constitutionally in mandating the vaccine.
Analyzing the entire factual landscape, hearing from experts, and noting that “the Constitution never provides a fundamental right to a collegiate education,” the court held that “the balance of harms and the public interest favor Indiana University and the determination that it has reasonably determined the best course of action for the health of its academic community this upcoming fall semester.”
Judge Leicthy further noted, “Twice the United States Supreme Court has upheld state authority to compel reasonable vaccinations. The States don’t have arbitrary power, but they have discretion to act reasonably in protecting the public’s health.”
The court concluded by reminding readers that the decision “is not declaring the absolute safety and efficacy of the vaccines, or for all people. People need to understand the risks, remain informed as the science evolves, monitor the review before the FDA, and determine whether to take a vaccine. The court must decide this case on the evidence before it. The evidence today shows that the students have little chance of success: Indiana University is reasonably pursuing a legitimate aim of public health for its students, faculty, and staff.”
On appeal to the 7th Circuit Court of Appeals, the lower court’s ruling was upheld. A lawyer for the eight students subsequently filed an appeal to the U.S. Supreme Court. On August 12, Justice Amy Coney Barrett rejected the request without specifying the reasoning behind her decision.
With hundreds of colleges and universities across the country, both public and private, issuing policies requiring students be fully vaccinated against COVID-19 prior to the start of the fall semester, it’s clear that not just employers, but now educators, may impose a COVID-19 vaccination requirement.
For more information related to COVID-19, visit Phelps’ COVID-19 client resource portal. If you have questions or need compliance advice or guidance, please contact Dan Lund or a member of Phelps’ Litigation or Labor and Employment teams.
