By: Gitika Kapoor, Law Clerk
Editor: Sanmathi (Sanu) Dev, Esq
On August 2, 2021, the Seventh Circuit Court of Appeals in Klaassen v. Trustees of Indiana University held that Indiana University, a public educational institution, may continue its policy to require students to be fully vaccinated against COVID-19 in order to return to campus for the fall semester. The Court held that the vaccine requirement does not violate a student’s substantive due process rights under Fourteenth Amendment of the United States Constitution.
Indiana University’s COVID-19 vaccine mandate offers two exemptions: medical and religious. In light of safety concerns arising from the risk of transmission from unvaccinated students, Indiana University requires students who qualify for one of the exemptions to wear masks and be tested for COVID-19 twice a week.
In this case, eight students challenged the public institution’s policy and argued that these conditions of attendance violate the due process clause of the Constitution’s Fourteenth Amendment. They requested the federal district court to issue an injunction to restrain Indiana University from implementing the vaccine mandate. The federal district court denied the students’ request for an injunction and held that the policy survives a rational basis review because it is based “in the legitimate interest of public health for its students, faculty and staff.” The students appealed to the Seventh Circuit.
In upholding the district court’s decision, the Seventh Circuit relied on the standard set forth by the U.S. Supreme Court in Jacobson v. Massachusetts, 197 U.S. 11 (1905) whereby courts grant substantial deference to state policies regarding public health. The Court stated that the right to refuse vaccination is “not a fundamental right ingrained in the American legal tradition.” Rather, the Court noted that vaccination requirements have been common in this country, and vaccinations are common requirements in higher education. The Court explained that while the university requires students to be vaccinated as a condition for attendance, students are not robbed of their element of choice and continue to have ample educational opportunities. Moreover, the Court recognized that in light of unique congregation settings with inevitable close contact, universities may decide what is necessary to keep other students safe. The Court also noted that the religious and medical accommodations reduce constitutional concerns, and the requirements to wear masks and undergo routine testing are not “constitutionally problematic.”
Finally, the Court stated that a university would run into operational difficulties when the fear of spreading COVID-19 looms large among students. Therefore, the Court denied the students’ motion for an injunction pending appeal, allowing Indiana University to continue enforcing the vaccine mandate.
