Constitutionality of Vaccination Mandate

by Dick Hall-Sizemore

There has been much opposition expressed on this blog regarding UVa, and, by extension, other higher education institutions, requiring students and staff to be vaccinated against COVID as a requirement for attending class in the fall.  The policy has been said to be, among other things, unconstitutional.

Not surprisingly, a judge has spoken. Today, a federal district judge ruled in favor of Indiana University in a suit brought challenging that university’s vaccination mandate. The court said, “The Fourteenth Amendment permits Indiana University to pursue a reasonable and due process of vaccination in the legitimate interest of public health for its students, faculty and staff.”

Of course, this is only one judge and it is not unusual for judges in different parts of the country to rule differently on similar points of law. Also, a district court’s ruling is generally applicable only in that district, but the case is likely to have some precedential value elsewhere.

The challengers have vowed to take the case to the U.S. Supreme Court.