Justice Barrett Refuses to Block Indiana University’s Student Vaccination Requirement
The challengers asked the Supreme Court for an emergency injunction, generally the longest of long shots, and Justice Barrett (the Circuit Justice for the Seventh Circuit) denied it without opinion (as is the norm for such refusals).
Here’s the Seventh Circuit opinion, which I blogged about 10 days ago, when it came down—Klaassen v. Trustees of Indiana Univ., denying a motion for an injunction pending appeal in an opinion by Judges Frank Easterbrook, joined by Judges Michael Scudder and Thomas Kirsch:
Starting next semester, all students at Indiana University must be vaccinated against COVID-19 unless they are exempt for religious or medical reasons. Exempt students must wear masks and be tested for the disease twice a week….
Given Jacobson v. Massachusetts, 197 U.S. 11 (1905), which holds that a state may require all members of the public to be vaccinated against smallpox, there can’t be a constitutional problem with vaccination against SARS-CoV-2. Plaintiffs assert that the rational-basis standard used in Jacobson does not offer enough protection for their interests and that courts should not be as deferential to the decisions of public bodies as Jacobson was, but a court of appeals must apply the law established by the Supreme Court.
Plaintiffs invoke substantive due process. Under Washington v. Glucksberg (1997), and other decisions, such an argument depends
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