Case On Point
In this month's case, the 7th Circuit Court of Appeals rejects a challenge to Covid-19 mandates in the public higher education context.
Klaasen v. Indiana University
(U.S. Ct. of App. for the 7th Cir. 2021)
Indiana University, like many public and private colleges and universities, imposed a requirement that all students be vaccinated against COVID-19 unless they qualified for a religious or medical exemption. Exempt students must wear masks and be tested twice a week.
Plaintiffs contended these requirements were unconstitutional. In rejecting this contention and refusing to enjoin the vaccine mandate, the Court of Appeals observed:
- the United States Supreme Court upheld the constitutionality of polio vaccine requirements more than a century ago;
- vaccines are necessary to ensure the safety of other students in a setting where close personal contact is inevitable;
- health examinations and vaccination requirements (against measles, mumps, diptheria, tetanus, etc.) have been in place for many years in public education settings; and
- students who do not want wish to be vaccinated can choose to study elsewhere.