Federal Judge: University of Indiana's vaccination policy does not violate the U.S. Constitution

[zuul]

Kyle Griffin @kylegriffin1

Federal judge rules: The University of Indiana's new policy requiring that all students, faculty, and staff receive mandatory COVID-19 vaccinations before returning for the fall semester does not violate the U.S. Constitution.

Link to tweet

https://lawandcrime.com/high-profile/trump-appointed-federal-judge-upholds-indiana-universitys-covid-vaccine-mandate-for-students-and-faculty/

The University of Indiana’s new policy requiring that all students, faculty, and staff receive mandatory COVID-19 vaccinations before returning for the fall semester does not violate the U.S. Constitution, a federal judge ruled on Monday.

“Under guiding principles of federalism, our Constitution preserves the power of the States, within constitutional limits, to adopt laws to provide for public health and safety,” U.S. District Judge Damon R. Leichty, an appointee of Donald Trump, wrote in a lengthy 101-page decision. “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 University of Indiana’s new policy requiring that all students, faculty, and staff receive mandatory COVID-19 vaccinations before returning for the fall semester does not violate the U.S. Constitution, a federal judge ruled on Monday.

“Under guiding principles of federalism, our Constitution preserves the power of the States, within constitutional limits, to adopt laws to provide for public health and safety,” U.S. District Judge Damon R. Leichty, an appointee of Donald Trump, wrote in a lengthy 101-page decision. “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 judge is a T---p appointee!

[Pobeka]

1. A little nitpicky, but there is no "University of Indiana" as is it said in the article.

There is:

Indiana University (based in Bloomington)
Indiana State University (based in Terra Haute)

For those Boilermakers like me, there is THE Indiana University -- Purdue University, based in West Lafayette.

[Metatron]

3. Thank you for pointing that out.

[IronLionZion]

8. Sloppy reporting. It's IU Bloomington

and if you really want to confuse people, tell them about IUPUI.

[Sylvarose]

11. Thank you

..as an alumnus of Indiana University...I read the article and was like "What??"

And to show my depth of gratitude, I will withhold commentary on Purdoop...I mean Purdue.

[Pobeka]

17. Hah! Thanksgiving back in the days of yore ...

... our extended family had about 20 to 30 that would show up. Only three Purdue grads and and about 15 or more IU grads. We had to huddle and defend the old oaken bucket.

I was born in Bloomington, and must say the campus is lovely. I always liked, and still do like the campus and surrounding hills, especially in spring with the dogwood and redbud blooming, and the fall with the leaf colors.

[cab67]

15. As opposed to UI and U of I

UI = university of Iowa.
U of I = university of Illinois (usually understood to be the Urbana-Champaign campus).

[DavidDvorkin]

25. The official name of IU is, in fact, The Indiana University.

[Pobeka]

27. What's your source of info for that?

I'm curious because I worked for IU for a few summers. I never recieved a check from "The Indiana University".

My father worked at IU for 40 years. Not one single document ever said "The Indiana University", they all said "Indiana University".

The IU history page:

https://www.indiana.edu/about/history.html

Only refers to the official name as "Indiana University".

[DavidDvorkin]

31. I remember it from a communication from the university administration

back when I was a student there. But I can't find verification online.

[SheltieLover]

2. Excellent! 👏👏👏👏

[PSPS]

4. LOL. "Violates the constitution"

Sounds like kraken/sovereign citizen nonsense. Why don't they just claim "anything that displeases dear leader is against the constitution" and get it over with?

[BootinUp]

5. Womp womp. Nt

[malaise]

6. Good

PHEW!

[abqtommy]

7. Can we have a National Vaccine Mandate now?

[SergeStorms]

9. What are the chances this goes to the SC.....

where you know it will be overturned?

I'm going to say the odds are 100%, although with the SC in recess until October, it'll be too late for the start of Indiana's school year.

There's no way the conservative packed SC allows this to stay.

[BGBD]

10. Why do we "know it will be overturned"

[GB_RN]

12. They'd Have To Do Legal Gymnastics

That stand make them stand on their heads in order to do so, especially considering that a right wing judge wrote this opinion. The basic argument for this being completely constitutional is right in the preamble:

"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America”(emphasis mine).

[SergeStorms]

20. That's the federal government....

not a public university in Indiana.

[GB_RN]

22. Irrelevant.

States have used the General Welfare clause for decades to mandate vaccinations and other public health issues. The same applies here, and the judge found it constitutional.

And the university is a state agency, functioning under the authority of the state, promoting public welfare.

If the judge had invalidated it’s authority, there goes the states’ authority to require school-age kids to have vaccines before entering public school, too.

[SergeStorms]

28. You cited the constitution...

all I did was point out that you were mistaken, but some people don't like being informed that they're mistaken. Now it's under the state's aegis to mandate vaccines......

This conversation is irrelevant. I'm not complaining about the judge's decision. I applaud it. Knowing republicans and their penchant for litigation, I'm merely saying we haven't heard the last about this.

Have a wonderful evening.

[oldsoftie]

19. The newbies arent a lock vote.

They've already pissed off the MAGAs a few times.
This is no different than requiring a measles vax, which i also imagine is required. And by the time it would get to the SCOTUS, the FDA will have given approval, removing another bitch point.

[SergeStorms]

21. Tennessee doesn't think so.

You might imagine they're required, but the state of Tennessee would disagree with you.

[oldsoftie]

23. How many other states?

[SergeStorms]

26. Just citing an example.

You opined that vaccines are mandatory. I just gave you an example that isn't so. I'm not going to go through each state's requirements. You're welcome to though, if it interests you enough.

[oldsoftie]

29. Well with this decision, more colleges may follow

And the Court may make the opinion of the State irrelevant

[Crunchy Frog]

24. Wouldn't that overturn ALL vaccine mandates,

effectively throwing this country back into the 19th century in terms of public health?

[IbogaProject]

13. They are free to find another school or job

There is another "Indiana University" of Pennsylvania. [link:https://iup.edu/ |

The plaintiff has an easy choice comply with the school's rules or not return.

[struggle4progress]

14. Holy moly! What's next? I can't allow my pet tiger to roam my neighborhood for food?

I can't manufacture nitroglycerine in my garage? I can't practice shooting my machine-gun in the city park downtown? The country is just going to the dogs!

[MyOwnPeace]

16. Truth is......

there probably ARE some MAGAts out there saying that now - 'freedumbs,' you know......

[oldsoftie]

18. Of course it doesnt. Take that, trumpers

[Yo_Mama_Been_Loggin]

30. But but but the microchip

https://upload.democraticunderground.com/100215639707