Supreme Court justice rejects challenge to Indiana University vaccination mandate

U.S Supreme Court Justice Amy Coney Barrett has declined a request to block Indiana University's vaccine mandate, signaling that similar policies going into effect amid a Covid-19 surge could pass legal muster.

CNN reports that Barrett, who has jurisdiction over the appeals court involved in the case, acted alone without referring the matter to the full court.

Barrett's action marks the first time the justices have been asked to weigh in on the legality of a mandate that private and public entities increasingly believe will combat the spread of Covid-19.

Indiana University requires students to be vaccinated by the start of the fall session on Aug. 23. If students can't get both doses done by then, they will be tested weekly until they can get the vaccine. If they qualify for an exemption, they are also tested weekly.

"IU is coercing students to give up their rights to bodily integrity, autonomy, and of medical treatment choice in exchange for the discretionary benefit of matriculating at IU," James Bopp, a lawyer for students who objected to the school's requirement, told the Supreme Court in an emergency petition.

Bopp said the students' refusal is "based on legitimate concerns" including underlying medical conditions, having natural antibodies, and the risks associated with the vaccine.

Lower courts have ruled against the students, citing a Supreme Court decision from 1905, which said that a state may require vaccines against smallpox.

A panel of judges on the 7th US Circuit Court of Appeals -- all Republican appointees -- said that vaccination requirements "have been common in this nation" and stressed that the school's policies allow exemptions for those who have medical issues related to the vaccine or religious objections.

Indiana University spokesperson Chuck Carney said that 85% of students, faculty and staff already "are approaching full vaccination."

"With a third ruling, now from the nation's highest court, affirming Indiana University's COVID-19 vaccination plan, we look forward to beginning fall semester with our health and safety policies in place," Carney said.