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July 26, 2021 (Children’s Health Defense) – A group of Indiana University (IU) students on Tuesday appealed a federal judge’s ruling denying their motion to put the university’s COVID vaccine mandate on hold pending the outcome of a federal lawsuit they filed last month.
The students also asked the district court to prevent the university from enforcing the mandate while the appeal is pending.
In a hearing on the preliminary injunction Monday, the district court found the students’ constitutional rights were at issue, but failed to acknowledge these rights were fundamental.
Judge Damon R. Leichty of the U.S. District Court for the Northern District of Indiana said he weighed individual freedom against public health concerns in his ruling.
According to the New York Times, Leichty’s ruling appeared to be the first case in which a university’s coronavirus vaccine requirement has been upheld. Yet in delivering the ruling Leichty expressed his personal misgivings, citing individual freedom and self-determination.
The Times wrote:
“Somebody could point to ‘a certain Emersonian self-reliance and self-determination as preference — an unfettered right of the individual to choose the vaccine or not,’
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