August 08, (THEWILL) – Eight college students have filed an appeal with the Supreme Court to challenge Indiana University’s COVID-19 requirement.
Indiana University said in May that students and faculty would be required to take the vaccine to attend classes in person with exceptions for religious objections, medical conditions – such as allergies – and those conducting their coursework online.
The appeal arrives at the nation’s highest court on the heels of some employers, restaurants and schools requiring vaccines. About 40% of the nation’s adult population is not fully vaccinated, according to the Centers for Disease Control and Prevention.
The students filed an emergency appeal at the Supreme Court, asking the justices to block enforcement of the university’s requirement, which they said violates their constitutional right to bodily integrity under the 14th Amendment.
“All students are adults, are entitled to make their own medical treatment decisions, and have a constitutional right to bodily integrity, autonomy, and of medical treatment choice in the context of a vaccination mandate,” the students told the court. “IU, however, is treating its students as children who cannot be trusted to make mature decisions.”
The case is one of the most compelling involving COVID-19 to reach the Supreme Court since its 6-3 conservative majority ruled against a number of orders by governors that applied to churches, synagogues and mosques earlier in the pandemic.
In a series of decisions since Associate Justice Amy Coney Barrett joined in October, the court sided with religious entities that challenged state COVID-19 rules limiting the size of their indoor worship services. But those regulations affected First Amendment rights, and the court has generally applied a higher level of scrutiny in such matters.
The students want the court to use a similar standard in reviewing vaccine mandates.
Indiana University’s requirement has been backed by a federal appeals court. The Chicago-based U.S. Court of Appeals for the 7th Circuit upheld the requirement in a decision on Monday, citing a 1905 Supreme Court precedent that allowed Massachsetts to impose a penalty on those who declined smallpox vaccinations.
“A court of appeals must apply the law established by the Supreme Court,” three judges, all of whom were nominated by Republican presidents, ruled.
But the Massachusetts case has stirred a debate about just how far its precedential reach extends.
Because the case is filed on the high court’s emergency application docket, the justices might move relatively quickly – perhaps within a matter of days or weeks.
“Continuing our fight against this unconstitutional mandate is necessary to guarantee that IU students receive the fair due process they’re owed by a public university,” said James Bopp, who is representing the students.
A spokesman for Indiana University declined to comment, according to USA Today.
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