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“Recognizing the important freedom of students to refuse unwanted medical treatment, the Fourteenth Amendment allows Indiana University to pursue a reasonable and due process of immunization in the legitimate interest of public health for its students, its professors and staff, ”Judge Damon Leichty wrote in the 101-page decision.
“Today, on this preliminary file, the university did it for its campus communities.”
The decision came after eight students filed a complaint claiming the schools’ vaccination policy was unconstitutional and violated the 14th Amendment and state law.
In the decision, Justice Leichty dismissed a request for a preliminary injunction and wrote that the students were unlikely to be successful on the merits of their request.
Indiana University welcomed the decision in a statement to CNN.
“A Federal Court ruling upheld 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 quick and thorough decision that allows us to focus on a full and safe return. We look forward to welcoming everyone to our campuses for the fall semester.”
James Bopp Jr., the plaintiffs’ lead counsel and general counsel for America’s Frontline Doctors, said they plan to appeal.
“Today’s ruling does not end the student struggle – we plan to immediately appeal the judge’s ruling,” Bopp said in a statement. “In addition, we plan to ask the judge to suspend IU’s warrant pending this appeal. We are confident that the appeals court will agree that the warrant should be suspended.”
“Indiana requires that all students in public universities be vaccinated against diphtheria, tetanus, measles, mumps, rubella and meningococcal disease before going to school. All of these vaccines except one have been mandatory since 1993. “, indicates the judgment.
By rejecting the motion, the decision also underlines that the university allows certain exemptions, in particular for religious and medical reasons, and indicates that the students thus have “multiple choices, not just a forced vaccination”.
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